Defacto Relationships
On 1 March 2009, the new Commonwealth laws for the division of property for people in a defacto relationship came into effect.
Defacto couples whose relationship has broken down since 1 March 2009 are now able to access the jurisdiction of the Family Court and Federal Magistrates Court of Australia for property settlement Orders, including Orders for spousal maintenance and superannuation splitting Orders.
The new Commonwealth laws will essentially treat the breakdown of a defacto relationship, the same as the breakdown of a marriage.
Defacto Couples are now also able to enter into Financial Agreements in accordance with the Family Law Act. Similar to the provisions for married couples, a defacto couple may enter into a Financial Agreement either:
- in contemplation of their defacto relationship (commonly referred to as a ' pre-nuptial agreement');
- during the course of their defacto relationship; or
- upon the breakdown of their defacto relationship.
A defacto Financial Agreement may deal with how all or any of the property or financial resources (including superannuation) of the parties may be distributed at the time the agreement is made, or at a later time, as well as the maintenance of a defacto spouse.
We recommend that anyone who is contemplating living with their partner in a defacto relationship consider their individual need for a Financial Agreement.
If you are in a defacto relationship, or have recently separated from your defacto partner, you should seek legal advice so that you are informed of your rights and obligations that may arise following the breakdown of your defacto relationship
Posted on 24th March 2010
