How are property issues dealt with in the case of a de facto relationship breakdown?

On the breakdown of a de facto relationship, property issues are dealt with by state laws for those parties to a de facto relationship who separated prior to 1st March, 2009 (2010 in South Australia).

If you are in a de facto relationship, it is therefore important to understand the laws that apply in your state if you separated prior to 1st March, 2009.

In New South Wales, for example, it is usually necessary to demonstrate that you have lived in a de facto relationship for at least two years, although in some situations it is possible to make a claim for a property settlement if the relationship lasted less than two years.

As from 1st March, 2009 parties to a de facto relationship who separate after that date may, subject to satisfying certain requirements, may bring an application in the Family Court or Federal Circuit Court for a property settlement.

Once an application for a property settlement has been made, the court will consider the financial and non-financial contributions of each de facto partner in making a property settlement.

Significant changes have now occurred for de facto couples (of the same sex and different sex) who separate after 1st March, 2009 in the event there are financial issues. The Family Law Act has been amended to give couples of de facto relationships similar rights to the rights of married persons when they separate.

Child related issues whether the parties are married or not are dealt with in the Family Court or Federal Circuit Court.