Family Law and De-Facto Relations
Same-sex relationships are categorized as de-facto relations for Family Law purposes. This means that although same-sex couples cant marry in Western Australia they still come under the jurisdiction of the Family Court of Western Australia re both money and childrens issues when a separation occurs.The relevant legislation for same-sex and de-facto couples is the Family Court Act 1997.
Are You in a De-Facto Relationship
Whether a de-facto or same-sex relationship exists is set by a number of factors including The length of the relationship and whether you have lived together Whether you have kids together The extent to which you are financially dependent on one another and whether you own property together Whether theres a sexual relationship and Whether or not you are perceived as a couple publically.One or even more of these contributors could mean you are in a de facto relationship.
What occurs when De-Facto or Same-Sex Couples Separate
When a same-sex or de-facto couple separates a property settlement is usually necessary. This means going to court. A property settlement can be finalised with Family Court Orders. These can be gotten by consent and without the need to actually go to Court. Importantly without Court Orders a property settlement is not final in the eyes of the law and one or both parties may come back looking for a settlement down the line.
Time Limits for Same-Sex and De-Facto Couples
If you have separated from your de-facto partner it is vital not to forget that your property settlement should be finalised with Court Orders within 2 years of separation. If you do not obtain Court Orders inside that 2 year period then you will need the leave of the Court to proceed. This cutoff point does not apply to childrens issues.
Speak to one of our great Perth Lawyers today.’
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