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De Facto Law & Same Sex Couples

Are you considering your options when it comes to your family situation?

Are you having troubles in a Same Sex or De Facto relationship?

In NSW the law recognises your relationship if you live together as a couple regardless of your sex.

You must be in a close personal relationship, that is between two adult persons, whether or not related by family, where one or other provides domestic support and personal care, which must not be for a fee or reward!

With same sex couples, if the existence of a relationship is disputed, it might be harder to prove and statements as to their relationship will be very significant.

In NSW there is no provision for any sort of registration of same sex relationships. However, untangling a same sex relationship is done using the same process as for a de facto or married couple

At BBlawyers we can give advice on the preparation of a Binding Financial agreement prior to a De Facto or cohabitation.

Binding Financial Agreements are an extremely effective way to regulate and protect your financial affairs if you are living in a same or opposite sex relationship.

For more information of Pre-nuptial agreements, Binding Financial Agreements or matters relating to De facto Relationships, call one of our Family Law experts for an appointment on 9630 0444.

De Facto Law and Same-Sex Couples in New South Wales (NSW)

In NSW, de facto relationships, including same-sex couples, are recognized under the Family Law Act 1975 (Cth) and the Property (Relationships) Act 1984 (NSW). The key aspects of de facto law and same-sex couples in NSW include:

  1. Definition of a de facto relationship: A de facto relationship is defined as a couple living together on a genuine domestic basis, with factors such as the duration of the relationship, financial dependence, and the existence of a sexual relationship being considered.
  2. Rights and obligations: De facto couples, including same-sex couples, have the same rights and obligations as married couples in areas such as property settlements, spousal maintenance, and parenting arrangements.
  3. Property settlements: Upon the breakdown of a de facto relationship, the parties can seek a property settlement, which involves the division of assets and liabilities based on the principles of fairness and equity.
  4. Parenting arrangements: De facto couples with children can seek parenting orders from the court regarding matters such as parental responsibility, living arrangements, and child support.
  5. Domestic relationships register: Same-sex couples in NSW can register their relationship on the Domestic Relationships Register, which provides legal recognition and certain rights and obligations.
  6. Time limits: There are strict time limits for applying for property settlements and parenting orders, typically within 2 years after the end of a de facto relationship.


It’s crucial to seek legal advice and representation from experienced family lawyers to navigate the complexities of de facto law and same-sex couple rights, ensuring that your interests and those of any children involved are protected.

Legal Support Thoroughout Your Seperation

Going through a relationship split is a difficult and emotional time, no matter what the circumstances.

In Australia, the same laws apply to de facto and same sex couples in the event of a relationship breakdown as they do to couples who are married.

What is a De Facto Relationship?

The Family Court defines de facto as two people having a relationship as a couple and living together on a genuine domestic basis.

If you and your partner have been in an ongoing relationship for two years or if you have a child together, you will most likely be considered de facto by the courts. The court may also consider:

The physical nature of the relationship
Ownership of property
The joining of financial assets during the relationship
The public reputation of the relationship
The Family Court handles matters relating to child custody in the same way for de facto couples as it does for married couples.

Why would a De Facto couple need a lawyer?

There are a few reasons why a de facto or same sex couple would need a lawyer.

– Official registration / proof of a relationship
– Binding Financial (prenuptial style) Agreements
– Joining of assets
– Division of assets after separation
– Custody of children after separation
– Death of a partner

A lawyer specialising in family and de facto law is fully aware of all legal requirements of a de facto relationship or separation. At Barwick Boitano, we will be able to give you the best advice to make sure your rights are taken care of.

Applying for support after a same sex or defacto relationship breakdown

Persons wishing to apply for property adjustment or maintenance from a former de facto or same-sex partner must do so within two years of separation in accordance with the Family Law Act.

Applying for support after this time is possible if the party is able to satisfy the court that:

Hardship would be caused to the party or a child if leave were not granted
The party’s circumstances were, at the end of the standard application period, such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.

Complete Legal Advice

Our team has specialised in Family Law and de facto legal matters for more than two decades.

We give each case the individual attention it needs, providing advice, mediation and reassurance to reach the best possible outcome.

Child Custody

Navigating child custody matters? Our experienced team can guide you through the legal process, ensuring the best interests of your children are protected and their well-being is prioritized.

Separation

Considering separation? Our compassionate lawyers can assist you in understanding your rights and obligations, providing practical advice and support during this challenging transition.

Divorce

Seeking a divorce? Our knowledgeable team can guide you through the legal process, ensuring your rights are protected and your divorce is handled efficiently and respectfully.

Property Settlement

Facing property settlement issues after a relationship breakdown? Our skilled lawyers can help you navigate the complexities, ensuring a fair and equitable division of assets and liabilities.

De Facto Couples

Are you in a de facto relationship? Our experienced team can advise you on your rights and obligations, ensuring your interests are protected, whether you’re separating or seeking legal recognition of your relationship.

Get In Touch With Our Team

Should you have any enquiries, need legal advice or wish to accept our offer of a free consultation or no win no fee service, do not hesitate to contact us on free call or you can reach us by email using the contact form below.
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Family Law

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Copyright © 2024 Barwick Boitano Lawyers