Rights of De Factos Couples?
Generally speaking, de facto couples enjoy the same rights as married couples, both as to their ability to enter into a financial agreement prior or during a de facto relationship; or their rights and entitlements upon separation. Unlike a marriage, however, whether or not a person is living in a de facto relationship can be a matter of debate. Litigants have been known to spend tens of thousands or more on the issue of whether or not they were in living in a de facto relationship. The factors include the exclusivity of the relationship; the financial interdependency of the couple; whether or not a sexual relationship existed; and the public perception of the relationship.
Our family law team have successfully brought and defended such de facto relationship claims over many years, including cases that are now considered the first of their kind in QLD. Also, unlike a marriage, de facto couples face geographical and, in some cases, time restrictions, which impact upon their ability to bring a successful de facto relationship claim. Such technicalities can significantly impact upon what would be an otherwise successful de facto property claim.
With specialist legal assistance on your side, our family law team can steer you though potential technical deficiencies and ensure your claim, or defence, is to your advantage – to achieve the best settlement for you, or to press your case in the Court room.