De Facto Relationships - What law applies to a de facto relationship in the event of separation?
For the Family Law Act 1975 (Cth) to apply to disputes about property and spousal maintenance following the breakdown of a de facto relationship, you must have been in a relationship for a total of at least two years.
If you do not meet this requirement, the Act may still apply if one of the following conditions are met:
- One party made substantial contributions and a failure to make an order will result in a serious injustice;
- There is a child of the relationship;
- The relationship was registered.
State law applies if you separated before 1 March 2009 and both parties do not choose to “opt in” to the Family Law Act. State law also applies to Western Australia.
What constitutes separation is:
- An intention to separate. The intention need not be mutual;
- The communication of that intention to the other party. The communication must be unambiguous and unconditional;
- Acting upon the decision to separate.
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