Determining a De Facto Relationship | Social Security Guide
In Western Australia, a de facto relationship is a relationship where two people, regardless of gender and who are not married to each other, live together in a. It is worthwhile to discuss matters with your partner or consider a more formal Binding Financial Agreement (or “pre-nup”) which is available to de facto couples . The Property (Relationships) Act defines this as a relationship between any between couples is that once you have been living in a de facto relationship steps to protect your assets, such as by signing a Contracting Out Agreement.
By agreement without court involvement; Through an agreement formalised by the court through an application for Consent Orders ; or By applying to the court for orders.
The courts can make an order for the division of any property that you own together or separately.
De Facto Partners: Should We Have a Binding Financial Agreement?
It does not matter whether the property was owned jointly or individually. When determining a property settlement, the court evaluates the types of contributions — financial and non-financial — made by either person, as well as their future needs.What is a Financial Agreement?
This means your family law matters will be determined in the same manner as for a married couple getting divorced. Before you can make an application to the courts you need to ensure that you meet the definition of de facto. Whether the parties resided in the same residence or residences during the course of the relationship.
Whether a sexual relationship exists; a. Frequency of the sexual relationship; b.
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Were there any other sexual partners? The degree of financial dependence or interdependence, and any arrangements for financial support between them; a. Did the parties have joint bank accounts?
Did the parties have joint health insurance? Did either party make payments towards mortgages or other loans?
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The ownership, use and acquisition of their property; a. Did the parties have joint ownership of property? Including cars, homes, furniture and chattels. The degree of mutual commitment to a shared life; a.
Family Court of Australia
Were the parties spending regular time together b. Were the parties sharing meals d. The duration of the relationship The nature and extent of the common residence Whether a sexual relationship exists The degree of financial dependence or interdependence, and any arrangement for financial support The ownership, use and acquisition of property The degree of mutual commitment to a shared life The care and support of children The reputation and public aspects of the relationship The relationship is also considered a de facto one regardless of whether the parties are the same or opposite sex, or if one of the parties is legally married to someone else, or in another de facto relationship.
If you are still unsure whether your relationship would be classified as de facto, be safe and seek further legal advice from an experienced family law professional. You will then be armed with the knowledge you require to, if necessary, protect your assets in the event of separation for example, by entering into a financial agreement.
Knowing Your Rights Sincede facto couples in Western Australia have had similar rights and responsibilities as married couples.
So in most cases but not allthe same rules apply and any disputes over your children and property will be treated by law in the same way as a separation or divorce for a married couple.
In Western Australia, de facto spouses can apply for property settlement and spousal maintenance under the Family Court Act WAin the following circumstances: