Tag: De facto relationships

Navigating spousal maintenance issues can be a complex and emotional process. Our firm offers expert family law services in Cairns and have put together a comprehensive guide to help you understand how Cairns Family Lawyers and courts approach spousal maintenance matters. The Legal Framework: Federal and State Laws [caption id="attachment_17838" align="alignright" width="350"] Spousal Maintenance in Cairns[/caption] Spousal maintenance in Australia is predominantly governed by the Family Law Act 1975 (Cth), particularly Sections 72 and 75. This legislation provides the general...

In the picturesque city of Cairns, nestled in the tropical beauty of Australia, understanding spousal maintenance rights is crucial for individuals navigating the complexities of family law. Governed by the Family Law Act 1975 (Cth), spousal maintenance, a legal entitlement for payment, is applicable to both marital and de facto relationships. [caption id="attachment_17739" align="alignright" width="350"] Spousal Maintenance Rights in Cairns[/caption] For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing...

In Cairns, as in the rest of Australia, the legal landscape has evolved to recognise the diverse nature of modern relationships, including de facto relationships and those involving same-sex couples. Understanding the rights, responsibilities, and legal aspects of these unions is essential. In this blog, we will explore de facto relationships and the recognition of same-sex couples in Cairns, Australia. De Facto Relationships in Cairns [caption id="attachment_17664" align="alignright" width="350"] De Facto Relationships Cairns[/caption] A de facto relationship is a domestic...

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...

The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships. Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice.  The relevant law is detailed as follows: LEGISLATIVE PATHWAY...

Binding Financial Agreements in De facto relationships If you are in a de facto relationship and cohabitating with your partner, entering into Binding Financial Agreements is the only protection you can have ahead of time to safeguard the assets you “walked” into the relationship with. This is particularly important if there is a large difference between your financial position and your partner’s financial position.  A Binding Financial Agreement during a de facto relationship, therefore, sets out how the property pool...