An agreement with the other party offers many advantages, such as: The court can set aside a financial agreement in the following circumstances: If you are considered to be living in a relationship and your partner dies, you have the same rights as a married person. These include rights and rights relating to: The only legal way to protect your property, if you are considering a de facto relationship with your other important, is to reach a financial agreement. A registered relationship or a registered union can also create wealth-sharing rights, even if you may not have lived together for two years. Before you can file an application with the courts, you must ensure that you meet the de facto definition. In other words, you should be able to prove some of the following: De facto relationships are governed by the Family Act of 1975. This means that your rights to stolen property, subsistence and separation of children will be dealt with under the Family Act 1975. However, de facto relations in Western Australia are governed by the Family Law Act 1997 (WA). If you think you are currently in a common-law relationship without a binding financial agreement, please call Matthew Oakley on (02) 6333 4400 for more information on how best to protect your family, your wealth and especially yourself. If your relationship falls under one of the above categories, you can ask the court to receive real estate transaction or support orders based on the same principles as married couples. If you separate from your partner and were in a de facto relationship, you have the right to ask the Family Court or the Federal Court of Justice to have your financial affairs decided and distributed in the same way as divorced couples. However, there are additional thresholds that must be met before the court can make a statement in accordance with Section 90SB. In particular, you must have met one of the following criteria: since the de facto definition depends on the particular circumstances of a couple, the law has formulated a number of factors to determine whether a couple is de facto or less serious. Factors taken into account by law in determining whether a couple is in fact in a relationship include: opposite-sex or opposite-sex couples are included in the definition of the common-law relationship under Australian law.
A married or related couple depending on the family cannot be considered de facto in a relationship. However, if a person is legally married, he or she can still be considered de facto in a relationship with another person to whom he or she is not married. If the unfortunate event occurs and your relationship breaks down, you do not want to be left in a position where your wealth and financial contributions to the relationship are not fairly considered by a court. At the end of the day, you don`t want to lose any money or fortune to which you are entitled. In the following video series, CGW family partner Justine Woods discusses what you need to know about binding financial arrangements for married and de facto couples, including the pros and cons, risks and potential flaws, and what the process will likely entail.