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It is always advisable to seek legal advice from a Family Lawyer. The Family Law Act requires parties, whether married or de facto, to end their financial relationship formally by way of Consent Orders or a Binding Financial Agreement. Formally ending the relationship between the parties prevents either of them from making any property claim against the other in the future.
All forms of written agreement to finalise property settlement must also contain a full list of all of the assets, including superannuation and liabilities and the agreed values of each of those items. Same sex relationships are also dealt with in the same way as de facto relationships and marriages, that is, the same issues around children and property apply. A relationship involves 2 people living in a bona fide domestic relationship. For the Court to have jurisdiction to deal with that relationship, one of the following 3 things must apply:.
One of these three grounds will give the Court jurisdiction to hear a matter involving a de facto relationship. Once jurisdiction has been established, the Court will then look at the working out whether the parties have been in a relationship as a couple. Those circumstances may include any or all of the following:. No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship.
Regardless of whether or not the parties are married, if they are deemed to be in a de facto relationhship the Family Law Courts handle the matter in the same way as a marriage.
Both solely owned and jointly owned property forms part of the joint asset pool available for distribution between the parties.