When a marriage ends, the main issues usually involve property, finances, and child custody. Many people assume that only married couples are protected under family law. Still, de facto relationships in Australia also have significant legal protection. Family lawyers in Parramatta have extensive experience guiding clients through these matters. We understand the key differences between de facto and marital rights.
Here is a guide for knowing about de facto relationships and how the rights compare to those of married couples:
What is a De Facto Relationship?
A de facto relationship is where people live together. But neither is legally married to the other nor related by blood. For a relationship to be de facto in legal terms, it is crucial to fulfill the following standards:
- The partners must have been cohabiting for two years or more.
- They share a child together.
- They have registered their relationship under state or territory law.
The above points show that de facto partners are not disadvantaged compared to married couples simply because they are not married.
De Facto Relationship Australia: Rights and Protections
At the end of a de facto relationship, partners can apply for:
- A fair division of property and assets.
- Financial support in the form of spousal maintenance.
- Parenting orders regarding custody and visitation of children.
- Superannuation splitting.
The law looks beyond a marriage certificate and focuses instead on the reality of the relationship. This is why family law lawyers Parramatta, including the team at Eckert Legal, regularly advise de facto couples on their rights.
Property Division in De Facto Relationships
One of the most common concerns is property settlement. Married couples automatically have jurisdiction in the Federal Circuit Court or Family Court over property issues. De facto couples can access it, as long as they meet the requirements.
If the couple lived together for two years or had a child, their assets would be treated the same as those of married partners by the courts.
Parenting and Child Custody
When it comes to parenting issues, marriage and de facto are similar. The child’s best interests always take priority. Parenting orders, custody, and access are the same whether parents are married or in a de facto relationship.
This provides children of de facto couples with the same legal rights as children of married couples. Parramatta family law lawyers at Eckert Legal can assist parents with custody, maintenance, and access.
Spousal Maintenance for De Facto Partners
Spousal maintenance is the funds one spouse may have to pay the other upon separation. Married individuals as well as de facto partners may apply for it.
The court will consider factors such as:
- The financial needs of the applicant.
- The ability of the other partner to provide support.
- The contributions each partner made during the relationship.
This highlights the importance of understanding that de facto partners are not left unprotected after separation.
Time Limits for Claims
It’s important to note that de facto partners have a specific time limit for making claims. An application for property settlement or maintenance must be made within two years of separation.
Married couples have one year from the date of divorce to file claims. If you miss these deadlines, you will require special permission from the court. Sometimes it is difficult to obtain.
Why Family Law Lawyers Parramatta Recommend Legal Advice
Every relationship is unique, and the law regarding de facto relationships in Australia is complicated. Family law lawyers Parramatta often advise early when assets, businesses, or children are involved.
Legal advice ensures the safety of your rights. It protects you from missing deadlines or waiving rights. If you are contemplating the registration of your relationship, separating, or already separating property, Eckert Legal can help you with every step.
Marriage vs. De Facto Relationship: The Key Differences
Though de facto couples enjoy comparable rights to married couples, there are a couple of things you need to remember:
- Evidence of relationship – De facto couples may be requested from time to time to provide proof of their relationship (e.g., joint bills, joint bank accounts, joint leases). In comparison, married couples can provide a marriage certificate.
- Time limits – Married couples are given their time limits from the date of divorce, and de facto couples are given their two-year time limit for money claims.
- Automatic recognition – Marriage is automatically protected by law, whereas de facto couples can be required to establish the nature of their relationship.
Conclusion
Do de facto couples have the same rights as married couples? There is a yes in most cases. De facto partners in Australia can claim property settlements, spousal maintenance, and child arrangements within the same circumstances as married couples. The major differences are in the need to establish the relationship and time limits for filing claims. That is why it would be necessary to seek Parramatta family law attorneys to protect your interests.
At Eckert Legal, our experienced professionals provide honest, no-nonsense guidance on de facto relationships in Australia. We help clients direct the complex intersection of love, law, and life.
Our experts at Eckert Legal can assist you if you are in a de facto relationship and need legal help. Contact us today to learn about your rights and protect your future.
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