Mary Basta
Head of Family Law
Our family law team are here to listen to the complexities of your individual circumstance and ensure your rights and entitlements are protected.
A de facto relationship is when two people live together on a genuine domestic basis, as a couple, without being legally married to each other. This definition applies to same-sex and polyamorous couples.
A de facto relationship carries with it the same rights and responsibilities as those of married couples. When it comes to property and financial matters, WA family law treats de facto couples in much the same way as married couples.
In the event of a relationship breakdown, a party has two years from the date of separation to commence property settlement proceedings.
After this time, a party will need to make an Application to the Court to be “heard out of time”, which can be costly and time consuming.
De facto couples in Australia are also entitled to claim spousal maintenance (or alimony) in certain circumstances. This maintenance is the financial support one party provides to the other, assisting them to re-establish their lives post-break up and meet reasonable living expenses.
Before this can be claimed, it must be demonstrated that the paying party has the means to do so. Such maintenance is not guaranteed, and each case is judged on its own merits. It is crucial to seek specific legal advice tailored to your circumstances.
In relation to parenting matters, de facto couples have legal rights and responsibilities concerning their children. The child’s welfare and best interests are always the primary considerations in any decision regarding parenting arrangements.
There may be instances where the existence of a de facto relationship is disputed by a party. In these cases, there are methods a party can employ to validate their relationship qualifies as de facto, and entitlements may differ based on the outcome.
De facto relationships can be complex, and the legal requirements and entitlements will differ depending on individual circumstances.
It is essential to obtain legal advice if you have any questions about your rights and entitlements. Contact our lawyers by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au.
