What happens if a de facto relationship ends?

Understanding what happens when your de facto relationship ends is crucial for navigating the legal and financial challenges that follow. In Australia, laws governing property division, maintenance, and entitlements for de facto couples often mirror those for married couples, but there are vital distinctions. Whether you’re seeking clarity about your rights or next steps, this article looks at what you need to know if your de facto relationship ends.

What constitutes a de facto relationship?

A de facto relationship exists when two individuals live together on a genuine domestic basis without being legally married.

According to the Family Law Act 1975, factors such as the length of the relationship, whether you have joint finances, children of the relationship, and whether you have made substantial contributions to a shared property pool often help establish that the relationship exists.

For a relationship to qualify under Australian law, it typically must last at least two years unless there are exceptional circumstances, such as having a child together or significant financial or non-financial contributions by one partner.

What am I entitled to when a de facto relationship ends?

When a de facto relationship ends, both parties may claim entitlements similar to those of a married couple.

This includes:

• Division of the property pool,
• De facto maintenance, and
• Child support if there is a child in the relationship.

Assets such as homes, vehicles, bank accounts, and even superannuation can form part of the property pool. Your entitlements depend on factors like the length of the relationship, your ex’s financial contributions, and any future needs.

When can orders about asset division be made, and are there time limits?

When your de facto relationship ends, you have two years from the date the relationship ended to apply for property or maintenance orders. After this deadline you can only seek orders with the court’s permission.

A court order is a legal instruction from a judge that tells someone what they can or can’t do, meaning if you do not follow it, you can face penalties.

It’s best to obtain legal advice promptly to ensure that any time limits are complied with.

The property settlement process for de facto relationships

Property settlement for de facto partners involves dividing shared assets fairly, though not always equally.

Parties are encouraged to communicate and try to reach an agreement. If an agreement cannot be reached, mediation is recommended. If you still fail to reach an agreement, then you may need to apply to the court for orders.

The property settlement process typically includes the following:

1. Identifying and valuing the assets of your relationship. This includes all shared and individual assets accumulated by you and your ex at the current date;

2. Assessing each of your contributions. Financial contributions, like earning an income, and non-financial contributions, such as homemaking or childcare, are evaluated;

3. Considering both of your future needs. Factors like age, health, and income-earning capacity are taken into account; and

4. Finally, determining whether the agreement reached is “just and equitable”. The lawyers, the court or mediators aim to achieve a fair outcome, given the overall facts of the matter.

Do I have to register my de facto relationship to gain entitlements after separation?

No, registering your de facto relationship is not mandatory to gain legal entitlements after separation. The court will evaluate whether the relationship meets the criteria set by the Family Law Act 1975. However, formal registration can streamline the process and provide more substantial evidence in disputes.

What should I do next?

Navigating the end of a de facto relationship can be challenging, but understanding your rights under Australian family law is the first step toward a fair resolution.

Seeking legal advice early ensures your interests are protected and helps you achieve the best possible outcome.

At Turnbull Hill Lawyers, we have a team of trusted family law experts who can provide you with advice and representation concerning your property settlement. Please get in touch with us today.