In Australia, de facto relationships are recognised under family law. This means couples in a de facto relationship have rights and protections similar to those who are legally married. This is particularly true when dealing with property settlements and child custody issues. Here’s what you need to know about your rights in a de facto relationship.
Essentially, a de facto relationship is a situation where two people live together on a domestic basis but are not married. Australian family law recognises de facto relationships and even gives them a similar legal standing as marriages. When dealing with separations, property disputes or child custody, couples who have been in a de facto relationship can expect the same protections.
In the event of a relationship breakdown, couples can seek a property settlement under the Family Law Act. The court typically considers factors like the length of the relationship, financial contributions, and the care of any children when determining how to divide assets. In this sense, the arrangements for dealing with de facto separations are pretty similar to those for married couples.
Not all couples with children are married, meaning there may be a need to set out child custody arrangements following a separation. When making decisions of this nature, the court’s main concern is the best interests of the child. As such, just like a married couple, de facto couples making parenting arrangements experience a similar process where each parent should, in theory, be able to have a meaningful relationship with the child.
As with any separation, it’s important to seek legal advice as soon as possible. Even if things are amicable, it’s always best to protect your interests and those of your family by contacting a legal representative to discuss your options.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
