David H Cohen and Co Solicitors - family lawyer - criminal lawyer - traffic lawyer


David H Cohen & Co

David H Cohen & Co

De Facto Relationship

When can a party make an application to receive spousal maintenance?

Section 74 of the Family Law Act 1975 provides the party can make an application for spousal maintenance and by doing so the Court takes into account the criteria that set out under Section 75(2) of the Family Law Act 1975 which are after referred to as future needs.

Section 90S(e)(1) of the Family Law Act 1975 provides that spousal maintenance orders can be made in relation to the parties of de facto relationships once it has broken down. The Court will make such an order it considers appropriate for the maintenance of the other party.

However, in relation to de facto couples, the spouse maintenance is not as generous to those who have been living in a territory after participating jurisdiction.

Every case is different so we can talk to you to work out how to help you and what the Court requires.

According to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 de facto couples have the same rights to property settlements and married couples.

De Facto couples are couples of either the opposite or same sex who have lived together for 2 years.

What about property in a de facto relationship?

As a result of amendments to the Family Law Act 1975 that took effect on 1 April 2009, the Family Court now has jurisdiction in relation to those applications made under the de facto relationship concerning property.

In order to come within the terms of a de facto relationship that relationship has to be at least 2 years.

The benefit of the parties being able to deal with de facto relationship property dispute under the Family Law Act 1975 is that the Court will be able to consider not only direct financial and non financial contributions of each party but also superannuation.

Respect of the clients

honesty and competence.

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