The Family Law Act outlines the legal implications relevant to marriages and couples in a de facto relationship. While this is clear and beyond question, the challenge sometimes is ascertaining what amounts to a de facto relationship.
The Definition of a De Facto Relationship
When dealing with sensitive matters such as this, it is important to consult the best Family Lawyer Sydney has to offer. Also, you can refer to the guidelines below as defined by Section 4AA of the Family Law Act.
- The couple is not legally married to each other
- The couple is not related by family
- The couple is living together on a genuine domestic basis
Aside from the above basic requirements, the court will also consider the following conditions when considering a de facto relationship:
- The length of the relationship
- The nature and extent of their common dwelling
- Whether their relationship is sexual
- The existence and degree of financial dependence or interdependence, including any arrangements for financial support
- The ownership, use, and purchase of their properties
- The extent of their commitment to a shared life
- Whether their relationship is or was officially registered or not
- The care and support of their children, if any
- The reputation and public aspects of the relationship.
Not all of the above conditions defined by the Family Law Act must be satisfied for a relationship to be assessed as a de facto relationship by the court. However, the court can determine whether a de facto relationship occurred based on the above-mentioned factors or as they see fit, based on each unique case.
A de facto relationship may occur in same-sex or different-sex couples. In addition, a de facto relationship may exist even if one or both of the parties are legally married to another person or in another de facto relationship.
Legal Advice for De Facto Relationships
If you find yourself or a loved one in a failed or failing de facto relationship, you should consider hiring the best Family Lawyer Sydney has to offer. Ending a relationship is stressful enough without having to deal with all the legal implications that come with a de facto relationship.
Family Lawyers specialise in delicate matters, including the division of properties, parenting situations, and other sensitive issues that may be too emotional for the parties involved to resolve amicably. They can help make the best out of a difficult situation, protecting the interest of their clients and any children that may be caught in the middle.
Contact Us
If you’re in a De Facto Relationship and are in need of Legal advice and guidance, get in touch with Family Lawyers NSW today and our experienced lawyers will be happy to help you.
CALL 02 8084 2764
