Family Law
De Facto Relationships - What law applies to a de facto relationship in the event of separation?
Our People:
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.
Galbally & O'Bryan's team of Family Law experts can assist you.
Partner Andrew O’Bryan is an expert Family Law lawyer.
Andrew will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.