Relationship property: Dividing your property when you split up - Community Law
property and maintenance disputes under the Family Law Act between de facto couples in all states and territories except Western. De facto relationships are governed under the Family Law Act This means that your rights regarding property settlement, child maintenance and. The property of married, civil union and de facto couples (including same-sex couples) who have lived together for at least three years is divided (if there is a.
It includes - property that the parties owned before the marriage, civil union or relationship began and that they kept separate during it any gifts and inheritances that the parties received during the marriage, civil union or relationship and that they kept separate Separate property also includes all property acquired out of separate property, and the proceeds of selling any separate property.
But if an increase in the value of one party's separate property, or any income or gains derived from the property, is caused wholly or partly by the "application" of relationship property, then the increase, or the income or gains, is relationship property, not separate property.
de facto relationship property rights, relationship separation entitlements
Similarly, if an increase in the value of one party's separate property, or any income or gains derived from the property, is caused wholly or party by the actions of the other party, the increase, or the income or gains, is treated as relationship property, and is divided according to each party's contributions to the increase.
This applies whether the other party's actions caused the increase directly or indirectly. Marriages, civil unions and relationships of "short duration" less than three years The equal-sharing rules apply to your marriage, civil union or de facto relationship only if you lived together for at least three years. A marriage, civil union or de facto relationship of less than three years is called a "relationship of short duration".
In the case of marriages or civil unions of short duration, special rules apply to decide how the property is divided, which mean that instead of there simply being equal shares, the property is divided according to the contributions the parties made to the marriage or civil union.
In the case of de facto relationships of short duration, the Act doesn't apply at all unless there are special circumstances, such as there being a childwhich means that your legal rights will be determined by the ordinary rules of property ownership. The court can decide to treat a marriage, civil union or de facto relationship of three years or more as if it were a relationship of short duration, if the court thinks this is just in all the circumstances. Marriages and civil unions of short duration - In the case of a marriage or civil union of less than three years, equal sharing does not apply to - the family home or a particular family chattel if it was owned wholly or substantially by one spouse or partner at the start of the marriage or civil union, or the family home or a particular family chattel if it came to one spouse or partner, after the marriage or civil union began, by succession, by survivorship, as the beneficiary under a trust, or by gift from a third person, or the family home and all the family chattels if the contribution of one spouse or partner to the marriage or civil union was clearly disproportionately greater than that of the other In these cases, the share of each spouse or partner in the property in question is determined according to their contributions to the marriage or civil union.
In the case of relationship property other than the family home and chattels, each spouse or partner is entitled to share equally in the property unless his or her contribution to the marriage or civil union has been clearly greater than that of the other, in which case the shares are determined according to their contributions to the marriage or civil union. De facto relationships of short duration - In the case of a de facto relationship of less than three years, the courts have no jurisdiction to divide property under the Act.
This means that, in general, you are entitled only to property that you have legal title to: However, there is an exception to this, which applies when the court is satisfied either that there is a child of the relationship, or the partner applying for division under the Act made a substantial contribution to the de facto relationship, and that it would create serious injustice if the court didn't make an order under the Act When this exception applies, the share of each de facto partner in the relationship property is determined according to each partner's contribution to the relationship.
What orders can the court make in dividing the property?
De facto relationship information
The court can make various orders in relation to the property or to a specific item of property to give effect to the division, such as ordering property to be sold or, in the case of the home, ordering that one party has the right to occupy the property. The Family Law Act specifically acknowledges that a person can be in a de facto relationship regardless if they are in another de facto relationship.
Meaning that a de facto relationship does not need to be mutually exclusive. This provides you with a certificate which can be used as proof of the de facto relationship and how long you have been together.
Relationship property: Dividing your property when you split up
A registered relationship or civil union may also create rights for property division, even though you may not have lived together for two years. Breakdown of a de facto relationship Most de facto relationships end amicably. Sometimes, however there are dispute regarding the division of property or children.
Consent Orders filed at Court.
Marriage & De Facto Relationship Property Rights
You are not required to attend Court. Making a Binding Financial Agreement Contract. To achieve an outcome each party has an obligation to make a full and frank disclosure of their financial circumstances. Document Your Property Settlement Agreement If you are thinking of not documenting your property settlement in a legally binding way you are leaving yourself open to risk. Sorry but things change.