De Facto Relationships

The rules that apply for De Facto Relationships may a bit differ from normal family rules in Australia

How we advice you on your de facto relationship

Registering a de facto relationship

  • Legal advice to your de facto relationship status
  • Most states and territories allow you to register a de facto relationship through the state’s Registry of Births, Deaths and Marriages. This provides you with a certificate which can be used as proof of the de facto relationship
  • A registered relationship or civil union may also create rights for property division

Breakdown of a de facto relationship

There are matters regarding the division of property or children. Upon the breakdown of a de facto relationship, there are three ways to sort out how to divide property:

  • By agreement without court involvement;
  • Through an agreement formalised by the court through an application for Consent Orders
  • By applying to the court for orders.

Rights to court orders

Most Australian states and territories allow people to apply to either the Family Court or the Federal Circuit Court for a de facto relationship, however in Western Australia, you need to apply to the Family Court of Western Australia to resolve issues relating to children or property.

Death of a de facto partner

If you are considering to be in a relationship and your partner dies, then you have the same rights as a married person. These rights may involve:

  • A share of an estate where no Will exists 
  • The right to challenge the Will if inadequate
  • Receive compensation entitlements under workers compensation law if your partner dies during the course of employment
  • Claim social security entitlements.

Not sure about your case? Just give us a call

  • Your rights and obligations during and after divorce or separation
  • Children matters
  • Financial and property matters
  • Alternatives to court
  • Divorce or separation process
  • Going to court

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