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As more people choose to live together, did you know that in Australia, after living together for a certain period, your relationship is legally considered equivalent to that of a married couple?
While in many countries, living together as a couple does not equate to marriage, it is equivalent to marriage in Australia. By recognising property rights within de facto relationships, the law provides financial protection for couples who choose not to marry but live together long-term after separation.
How long do you need to live together in Australia before property can be divided between two parties?
In Australia, a de facto relationship refers to two people living together as a couple without being married. If your relationship is considered as a defacto relationship, you can apply for property division in court after a breakup, even if you were not married.
However, time is not the only criterion. If there are children involved, you can apply for property division even if the relationship lasted less than two years.
However, there is a time limit for applying for property division. You need to file the application within two years of the end of your de facto relationship. If you miss the deadline, you will need permission from the court to proceed. Therefore, it is crucial to consult a family lawyer promptly and take legal action to protect your interests.
What property can be divided?
After ending a de facto relationship, a wide range of assets can be divided, including but not limited to:
- Individually and jointly owned real estate
- Funds in bank accounts
- Investments and stocks
- Vehicles and other high-value items
- Superannuation and pensions
- Personal and joint debts
When dividing assets, the court will consider several factors to determine how to distribute them, such as each party’s financial contributions, non-financial contributions, and future needs. (Continue reading: Splitting Assets? 3 Key Things Judges Consider!)
Are there inheritance rights in a de facto relationship?
Yes. A party in a de facto relationship has the right to claim inheritance if the other party passes away. If you lived together and met the legal definition of a de facto relationship, and the other party did not leave a will, you can apply to inherit assets under estate management laws. This is similar to the rights in a marriage. (Continue reading: Who will inherit assets if there is no will?)
Steps to take after a de facto breakup in Australia
First, you should contact a family lawyer immediately to understand your rights.
If you cannot reach an agreement with your partner, the lawyer can negotiate on your behalf, ensuring both parties strive for a peaceful agreement based on a clear understanding of their rights.
Then, the agreed terms should be documented in a Binding Financial Agreement, which will govern the property division and ensure the agreement is legally enforceable.
Remember, you must apply for property division within two years of the relationship’s end to avoid losing your rights due to time limits.