Defacto relationships
What is a defacto relationship?
It is generally accepted that a defacto relationship arises where two individuals of either same sex or different sex cohabit together on a genuine domestic basis in a relationship based on trust, intimacy and personal commitment to each other.
Couples can also enter into cohabitation agreements dealing with property and financial issues before they move in together.
Does the Family Law Act 1975 apply when a defacto relationship ends?
The Family Law Act 1975 does not apply to parties in a defacto relationship except in relation to their children. However all states and territories have introduced legislation to provide defacto partners with similar rights, and in some cases broader rights, to that given to married couples. This will change when the anticipated Family Law Amendment (Defacto and Other Measures) Bill 2008 is passed.
In Queensland, part 19 of the Property Law Act 1974 governs the division of property on the breakdown of a defacto relationship. Part 19 deals with the property and financial resources of parties to a defacto relationship and provides for the resolution of financial matters by either:
- Agreement of the parties; or
- Court order. It is important to note that a minimum two-year relationship must exist before the court will consider an application for property settlement orders.
To find out more, please contact our Family Law team.