Family Law

What is a de Facto Relationship?

To define a couple as being in a de facto relationship is understandably complex, given that there are no formalities which may prove the relationship.

In order to make an application to the federal family courts under the recently introduced Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008, the relationship must be satisfy one of three criteria, namely that the parties were in a de facto relationship for a minimum of two years, there was a child of the relationship, or it would be a serious injustice to fail to make orders due to substantial contributions to the relationship.

In consideration as to whether there exists a de facto relationship, a court will also consider the nature and extent of a common residence, evidence of a sexual relationship, and the extent of financial dependence or interdependence amongst other considerations.

There is an argument that the difficulties found in the current state based legislative system will carry over to the federal courts. For example, how do you define the two-year threshold? Is there a requirement that the parties live together under one roof?

Interesting stories

» Article: de facto couples – know your rights:
http://money.ninemsn.com.au/article.aspx?id=799221

» Petition: for family law amendments for Family Court – Safety First campaign: 
http://www.gopetition.com/petitions/family-court-of-australia-amendments.html

» Article: Mother loses kids for anti-dad stance:
http://www.theaustralian.news.com.au/story/0,25197,25267128-5006785,00.html see also
http://www.theaustralian.news.com.au/story/0,25197,25272581-17044,00.html

» Article: the Supreme Court of Queensland hands down an landmark decision regarding the signing of Wills: 
http://www.news.com.au/couriermail/story/0,23739,25309940-3102,00.html

» Article: The Family Court is allowing mothers to leave the country with their children, provided they agree to sign up for the internet-based video telephone service Skype:
http://www.theaustralian.news.com.au/story/0,25197,25325802-2702,00.html

» The Australian reported on Nelson Mandela’s surprise support for Zuma: http://www.theaustralian.news.com.au/story/0,,25063701-2703,00.html

» ANC veering to the left:
http://www.theaustralian.news.com.au/story/0,,24961258-2703,00.html

» From 14 April, 457 visa applicants face higher English Language standards.

» Foreign Investment Review Board has relaxed rules about selling new properties to foreigners.