In her article for Onya Magazine, Alexa Plotkin outlines the legal protections available to married and de facto partners when dividing finances and organising post-separation arrangements.

Navigating separation is never easy. And while we often focus on the heartbreak, understanding your rights is just as important. Under Australia’s Family Law Act 1975 (Cth), both married and de facto partners have legal protections when it comes to dividing finances and making post-separation arrangements. But what actually counts as a de facto relationship? And how long do you have to make a legal claim?

A de facto relationship involves two people who aren’t married but are living together on a genuine domestic basis for at least two years. Whether a de facto relationship actually exists can sometimes be a point of contention between parties. If there’s a dispute, the Court will consider a range of factors, such as the length of the relationship, the couple’s financial and social arrangements, and their mutual commitment to a shared life, in order to determine whether or not a de facto relationship existed.

A marriage, by definition, is the union of two people, to the exclusion of all others, voluntarily entered into for life. For a marriage to be legally recognised in Australia, neither person can be already married, both must be of marriageable age, not related or in a prohibited relationship, and both must freely consent.

Both spouses to a marriage and de facto partners have rights when it comes to reaching a just and equitable financial settlement after separation. However, one important distinction between these relationships is the time limits that apply to making a claim after separation:

• De facto partners have up to two years from the date of separation to lodge an application to the Court.
• Married couples have until one year after the date that their divorce order is finalised to lodge an application to the Court

These timeframes apply to financial matters only – parenting disputes are not subject to the same time limits. Regardless of your relationship status, it’s essential to seek legal advice early, so you understand your rights and responsibilities during what can be a complex and emotional time.

You can read the full article here: Marriage vs De Facto: What happens when you separate? 

If you need need advice on where you stand please call our office to speak with one of our top Melbourne family lawyers on 03 9804 0035

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