Publications
De facto relationships
When can a de facto partner make a claim for a property settlement?
It is very common for parties to disagree about whether they were in a de facto relationship and when it started or ended, thus impacting whether a claim can be made for a property settlement under the Family Law Act 1975 (Cth) (FLA) and the quantum of the claim. The parties may be housemates, friends with benefits, dating,...
Proving the existence of de facto relationships in family matters: finding certainty in murky waters
Introduction Since 1 March 2009 the Family Court and the Federal Circuit Court have been able to deal with property and maintenance disputes under the Family Law Act 1975 between de facto couples in all states and territories except Western Australia (and South Australia since 1 July 2010). The first part of this paper sets...
Registration of de facto relationships in Victoria – proposed changes
De facto couples can register their relationships in Victoria. This has several consequences, including bringing the relationship within the definition of "de facto relationship" for the purposes of the Family Law Act 1975. The usual jurisdictional hurdles, such as a relationship of two years or having a child, do not apply....
Essentials in de facto property law
Introduction Since 1 March 2009 the Family Law Courts have been able to deal with property and maintenance disputes between de facto couples in all states except Western Australia (and South Australia since 1 July 2010). This paper does not deal with the jurisdiction of the State and Territory courts to deal with property...
Part VIIIAB financial agreements—not quite part VIIIA
It might be assumed that financial agreements between de facto partners under the Family Law Act 1975 ("the Act") have the same requirements and consequences as financial agreements between couples who are intending to marry, married or divorced. This is not so. As a result, the legal advice required to be given is different...
