Tag: de facto relationship australia

The concept of a defacto relationship often raises complex questions, particularly when the parties involved have differing views on key aspects of their shared life. In Australian family law, a defacto relationship is defined not by rigid criteria but by the nature and degree of mutual commitment between the parties. This discussion examines the legal framework under section 4AA of the Family Law Act, emphasising the nuanced and flexible approach taken by courts in determining whether a defacto relationship exists....

Understanding Defacto Relationships [caption id="attachment_16310" align="alignright" width="350"] Understanding defacto relationships[/caption] Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in determining whether it is one of a couple living together on a genuine domestic basis. Section 4AA(2) sets out some of the circumstances to be considered, including “whether a sexual relationship exists”, and Section 4AA(3) provides in effect that no particular...

There are two (2) very important Statutory Time Limits in property settlements that are critical for family law matters which clients should be aware of. These are summarised below: [caption id="attachment_11527" align="alignright" width="305"] Statutory Time Limits in Property Settlements Australia[/caption] After a Divorce Order has been granted, parties have twelve (12) months from the date of the Divorce Order to commence Court proceedings seeking Orders for property settlement and/or spousal maintenance.  Following the breakdown of a de facto relationship, parties have...