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Are you in a defacto relationship?

In March 2009 changes were made to the Law about defacto couples (including same sex couples).  The change has meant that all defacto couples are treated exactly the same as a married couple when it comes to property settlement and other financial matters.

The Family Law Act defines a defacto relationship as a relationship between two people who:

  • are not legally married;
  • are not related by family;
  • live together; and
  • had a relationship as a couple living together on a genuine domestic basis.

There is no longer any difference in the law about property settlement for married or defacto couples.  The days of there being a separate State system for defacto relationships and the Federal system for married couples are gone.  Both marriages and defacto relationships for property settlement are now dealt with by either the Family Court of Australia or the Federal Circuit Court of Australia.

What if I am about to enter into a defacto relationship?

If you are about to enter into a new defacto relationship and want to protect your assets, we can assist you in preparing an agreement called a Binding Financial Agreement. This document will protect your assets should your defacto relationship breakdown.

Call Kim Lawson of Brazel Moore Lawyerson (02) 43247699 for further information.

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On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.

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