De Facto Relationships FAQ

May 25, 2016 – at 4:04 am – by Bodekers Family Lawyers

What is a de facto relationship?

In Western Australia, a de facto relationship is a relationship where two people who are not married to each other live together in a “marriage-like” relationship.

What does the Family Court consider when deciding if a de facto relationship existed?

The Family Court may consider factors such as:

  1. The length of the relationship;
  2. Whether you lived together and for how long;
  3. The nature and extent of any common residences;
  4. Whether there was a sexual relationship;
  5. The extent of any financial dependence or interdependence, or any arrangements for financial support;
  6. The ownership, use and acquisition of their property (including property owned individually);
  7. The degree of mutual commitment to a shared life;
  8. Whether you cared for or supported children; and
  9. The reputation and public aspects of the relationship.

The above are not essential requirements but rather indicators or relevant considerations as to whether or not a de facto relationship exists (or existed) 

Can the Family Court make property settlement orders in de facto relationships?

Yes. The Family Court can make decisions about property settlement and spousal maintenance for de facto couples.

Is there a time limit for de facto property settlement?

You need to commence any application for property settlement or spousal maintenance within 2 years of the date of separation. After this time, you will need to seek special permission from the Court to make an application.

Why is the date we began living together and the date we separated important?

While in a marriage it may be obvious to determine when a marriage begins and ends by virtue of marriage and divorce certificates, determining the commencement and end dates of a de facto relationship may be substantially more difficult. As indicated above, time limits apply which are based around the date of separation. Similarly, the length of the relationship is also necessary to consider. 

What is a de facto partner entitled to?

In Perth Family Law de facto parties may be entitled to a property settlement very similar to married couples. Bodekers Family Lawyers & Mediators are very experienced in de facto relationship family law in Perth, Western Australia. We offer a free pre read for our family law clients. Please select the free services tab on our Bodekers Family Lawyers & Mediators website.

What is the legal definition of a de facto?

In Perth Family Law de facto parties may be entitled to a property settlement very similar to married couples. Establishing a defacto relationship can depend on a range of factors including whether you are seen as a couple, whether you share the same residence and other factors. Bodekers Family Lawyers & Mediators are very experienced in de facto relationship family law in Perth, Western Australia. We offer a free pre read for our de facto family law clients. Please select the free services tab on our Bodekers Family Lawyers & Mediators website.

How do you prove a de facto relationship?

To prove a de facto relationship you may need to show a range of factors including but not limited to whether you are seen as a couple, whether you share the same residence and other factors. The date you started living together and separated are important. Bodekers Family Lawyers & Mediators are very experienced in de facto relationship family law in Perth, Western Australia. We offer a free pre read for our de facto family law clients. Please select the free services tab on our Bodekers Family Lawyers & Mediators website.

Do de facto couples have the same rights as married couples?

De facto couples have very similar rights as married couples in Perth, Western Australia. Bodekers Family Lawyers & Mediators are very experienced in de facto relationship family law in Perth, Western Australia. We offer a free pre read for our de facto family law clients. Please select the free services tab on our Bodekers Family Lawyers & Mediators website.

Can same sex relationships be considered de facto relationships?

Yes. In Western Australia, de facto relationships include same sex relationships.

Contact Bodekers Family Lawyers & Mediators by phone (08) 9323 7711 or email info@bodekers.com.au for your complimentary pre-read and first appointment at a reduced flat rate.