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De Facto relationships in Australia
“If a de facto couple separate, there are very strict requirements to be satisfied before they can make a financial or parenting order in the Family Court after separation.”
A de facto relationship is defined in Australia as a relationship between two individuals, who may be of the same or opposite sex, who have a relationship as a couple, are not legally married or related by family, and live together on a genuine domestic basis.
De facto relationships can be extremely varied and there is no set checklist of factors to prove that a couple is living in a de facto relationship, but the following is usually taken into consideration when assessing whether the couple is considered to be in a De facto relationship:
Are the couple living together?
How long have the couple been living together?
Do they have a sexual relationship?
Are they financially independent or do they share bank accounts, own property together, share weekly living expenses like electricity and gas and other utilities and insurance?
Do their family and friends consider them a couple?
Is there a mutual commitment between them?
Do they have any children which they care for and support?
If a de facto couple separate, there are very strict requirements to be satisfied before they can make a financial or parenting order in the Family Court after separation. The Family Court does not apply to de facto relationships unless the court is satisfied that the following applies:
1. The relationship broke down after 1 March 2009 or 1 July 2010 (South Australia) AND
2. They were in a genuine de facto relationship with each other (not legally married) and it has now broken down, AND
3. They have a geographical connection to the participating jurisdiction, AND
4. They must also meet one of the following criteria:
The period for the de facto relationship was for at least 2 years, OR
There is a child in the de facto relationship, OR
The de facto relationship is registered with the Department of Births, Deaths and Marriages under a prescribed law of a particular Australian State or Territory. De facto partners often register to show commitment to one another as well as to make it easier to prove they are in a relationship for financial matters such as tax and superannuation purposes, Centrelink and other government payments. Please note, different registration requirements may apply for each State and Territory of Australia, OR
If in a de facto relationship for less than 2 years, when assessing their property or custodial claims, it is recognised that a significant contribution was being made by one party and the failure to issue an order would result in a serious misjustice to the person applying for the order.
Parties who are separating from a de facto relationship can apply to the Family Court, using the same forms as a married couple, to have their financial and parenting matters determined in the same way as married couples. De facto financial orders must be applied for within two years of the last breakdown of the relationship (ie date of separation). They must apply to the courts to get permission for an extension, if beyond two years.
Before a court can make a parenting order, the parties must show they have made a genuine attempt to resolve the disputes via family dispute resolution, which is a process in which an accredited family dispute practitioner helps people resolve disputes relating to separation or divorce.
Once family dispute resolution has been attempted, a section 601 certificate will usually be issued unless there are unique circumstances such as family violence or child abuse by a party or risk of it.
Date of Separation importance
The specific date of separation becomes important especially for property settlement as well as for child support payments and Centrelink entitlements. It is the day the two individuals stop living together as a couple. If there are disputes over the date, the parties can provide evidence such as receipts for short term leases or accommodation, separation of finances, notification of government social services of the separation, informing family and friends.
If the separated couple continue to live in the same residence for various reasons including financial, children or for convenience, the law will usually require supporting evidence (by sworn written statements referred to as affidavits) that the parties were actually separated whilst living under the same roof. If the date remains in dispute, the court will have to make their own judgment based on all the facts.
If there have been any attempts to reconcile during the separation period, then provided it is for no more than 3 months, the length of the first separation can be then added to the subsequent separation period. However, if the reconciliation is for more than 3 months then the date of separation begins from the end of the last reconciliation.
How to protect your assets from a de facto relationship
A Binding Financial Agreement (BFA) is often the most effective way as it considers what each person brings into the relationship, their contribution during the relationship and other conditions such as children of the relationship.
De Facto separation and your Will
In many states of Australia, it should be noted that separating from your de facto partner will not change your Will and any gift in your Will to your ex-de facto partner would likely still be valid on your death, even if you have separated and divided up your assets. It is highly recommended that you get legal advice about your relevant jurisdiction’s requirements, amending your Will and any future claims that your ex-de facto may still have on your estate, for example if they were being financially maintained by you at the time of your passing or they are the parent of your child, who is still a minor they may still be entitled to a claim even if your will is amended.
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What do I do next to get help?
No matter where you are in the separation or divorce stage, we understand how hard it is, and we are here to support you. You are not alone.
We help reduce the stress by providing you with the education and practical guidance you need to understand all the options available to you.
We also carefully listen to you on what you want to do, to move forward. If you would like to arrange an online 30-minute complimentary mini session we can discuss where you are at and what help you feel you need, at your stage in the process. This just requires a Zoom connection.
We will be honest about what we can do to assist you to get the best outcome, and give you a firm understanding of the costs associated with the help. It will not be a sales pitch from us.
If you decide to proceed with Separation Support Network, you are welcome to book a PAID one-on-one confidential consultation with one of our highly trained senior separation support personnel. The first appointment will require a new client form to be completed and returned, to help us gain a better understanding of your position and to not waste your precious time.
As seen in our testimonials, we are renowned for having excellent relationships with our clients and are very conscious of providing quality, affordable services, all the way.
We take great pride in ensuring that every one of our service providers have your best interests at heart, emotionally and financially. Our motto is ‘providing our clients with a hug all the way.’
Why should I use Separation Support Network instead of going to a traditional law firm?
Separation Support Network provides one-on-one support to guide you through the entire separation and divorce process. We help you navigate the immediate practical steps of your separation, listen to your unique circumstances, outline your options and recommend the services you need. We also provide help long term through your separation journey to reach your long term goals.
We do have a panel of lawyers who can assist, if and when required, but we work with you to avoid legal costs as much as possible by helping you understand all your options, assist you to gather your documentation and evidence, draft your proposed terms, and coordinate other specialist support if required to support your position. This helps avoid a lot of the initial outlays you would normally experience in a law firm, which often charge very high legal costs, per hour, for their time. It also helps you avoid a lot of time, stress and frustration.
Once legal matters are resolved by traditional firms, our clients report they often feel a sense of confusion and concern about what comes next - on how to actually co-parent and fulfill the parenting obligations, how to deal with the financial arrangements that were agreed upon, where to obtain the necessary financial education to manage your settlement, and how to secure your financial future. There is often the need to get help to change other key legal and financial documents, strategies to assist with co-parenting and communication with former partners, sorting the sale of assets, access to counselling for the family, finding a new career or a plan on how to start the next chapter of life. Separation Support Network can walk beside you through all of this. We help you find the care you need and work collaboratively with a team who can assist.
Our aim is to ensure our clients are safe, emotionally supported all the way, personally educated and empowered to make their own decisions, and ultimately achieve a fair and equitable settlement, suitable parenting arrangement and successful future.
What range of support can you offer me?
The most common things said to us over the years by our clients:
"I am so confused about what to do next, where to get the help I need and who to trust."
"I can't work out what financial documents I even need to access and what I have to disclose ."
"I worked all my life to save and secure my superannuation and now we are going to destroy it with all the ongoing legal bills."
"I was a good parent and we had a great relationship but now I just can't reconnect with them."
We hear you!
Separation Support Network is essentially a one stop service network where you no longer need to spend countless hours finding the resources, locating kind and supportive care, legal and financial expertise, all at an affordable rate.
We work alongside incredibly experienced, supportive specialists who share our values in making the separation and divorce process more amicable, more empowering, more supportive and more affordable.
Mediators
Psychologists and counsellors
Parent assist programmes
Empower programmes
Lawyers
Domestic Violence support
Financial Planners and Advisors
Property Valuers including farming valuers
Banking advice
Business and Company valuers
Forensic Accounting and IT
Private Investigators
Accountants
Mortgage Brokers
Business brokers
Conveyancing and Will and Estate Planning support
Life Coaches
High Conflict Coaches
Career assist - resumes, job applications and interview preparation.
Empower You programmes
Our clients have also reached out and requested that we prepare practical and affordable resources including audio/visual podcasts and webinars which consist of easy to understand, questions and answers to many of the day-to-day issues that they experience, but don’t know how to do. These can be booked and listened to at any time, anywhere by our clients. A transcript is also provided for our paid webinars.
In late 2024, Separation Support Network will release a series of highly practical webinars for all our clients at a very affordable price which can be viewed any time, anywhere as part of our new Separation course.
These webinars are not just made up of general information about topics. They are step by step practical guides on how to get through this challenging process to ensure your safety and legal rights.
We have interviewed some of the leading experts on these most sought after topics and hope that you find the content understandable, relatable and invaluable. Please feel free to reach out anytime to suggest additional topics you would like us to add to our webinar library or to add to our course.
What is your cancellation and refund policy?
Given the nature of our support services, last minute cancellations are costly, and it means that other clients may miss out on receiving the required support. For cancellations within 48 hours of the scheduled appointment there is a $65 part fee payment. For less than 24 hours cancellation notice or a non-show, the full session fee will need to be charged. These fees are refunded however if the session can be filled at the last minute. Thank you for your understanding.
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