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A de-facto relationship refers to one that includes two people living together as a couple (including same-sex couples) on a genuine domestic basis; the couple is not legally married or related by family. Courts in New South Wales usually determine whether a couple is in a de-facto relationship using certain criteria including the duration of the relationship. It is also important to note that under the Family Law Act, a person could be in multiple de-facto relationships. In addition, a married person could also be considered part of a de-facto relationship.
While it is important to understand de-facto law in NSW, as it usually only comes into play when the relationship breaks down. This usually applies when a person is seeking maintenance or child support. In regard to children of a de-facto couple, the parent caring for a child is entitled to child support from the other parent. The same applies to same-sex parents who separate.
An individual’s de-facto rights also apply in the case of succession. The Succession Act gives you the right to a share of your deceased partner’s estate if the person dies before he or she prepares a will. In addition, de facto couples enjoy the same rights to social security as legally married couples. If your de-facto partner dies in the course of employment, you could be entitled to receive compensation and financial support under the Commonwealth Social Security Act.
In the case of the division of property for a de-facto relationship, the Family Court makes certain considerations including what each partner owned before the relationship. Some de-facto couples make financial agreements concerning how their assets will be managed. This could be done before moving in together, during the relationship or after separation. However, in order to be binding, such agreements must comply with certain formal requirements, which is why it may be necessary to seek legal advice.
Establishing the existence of a de-facto relationship
While de-facto relationships generally become effective automatically when a couple meets the stipulated criteria, it is possible to register such a relationship under the Relationships Register Act. However, in order to claim your de-facto rights, you must prove that you were (in fact) in a de-facto relationship.
When to make de-facto claims
Your de-facto rights concerning property and maintenance issues must be claimed within two years of the DATE OF SEPARATION, while those that have to do with children can be made at any time.
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