When can a De Facto Partner make a claim for a Property Settlement?

How do the courts work out whether there was a de facto relationship?

“We are not in a de facto relationship. We are just…. friends, house mates.” 

It is very common for parties to disagree about whether they were in a de facto relationship and when it started or ended, thus impacting whether a claim can be made for a property settlement under the Family Law Act 1975 (Cth) (FLA) and the quantum of the claim. 

The parties may be housemates, friends with benefits, dating, in a caring relationship or separated under the one roof. They may have been in a de facto relationship, but just an unhappy one.

The legal principles considered are broadly:

• Technical requirements which must be established to make a claim
• More subjective matters to consider when establishing whether a de facto relationship existed.
• This session will enable you to identify whether your client may be in a de facto relationship despite what they say to you about their status.

We will cover Technical requirements, including:

• Geography
• Length of relationship and alternative grounds to establish jurisdiction
• Time limit for bringing a claim
• The claim is within a de facto financial cause
• The de facto relationship has broken down.

The factors considered by the courts to establish a de facto relationship or when it started or ended, are often subjective. They include:

• the nature and extent of their common residence
• whether a sexual relationship exists
• the degree of mutual commitment to a shared life
• the reputation and public aspect of the relationship.

This session is a detailed explanation of the area using practical case studies, drawn from decided cases.

Learning Outcomes:

Attendees will gain an understanding of:

• The legislative provisions relevant to establishing whether a de facto partner can make a claim
• The most important case law, including recent cases, which illustrate when a de facto relationship has been found to exist, or not to exist
• Practical guidance as to questions to ask a client about the nature of the relationship.

Suited to:

Family lawyers, commercial lawyers, wills and estates lawyers, accountants, insolvency practitioners and financial planners.

This On Demand includes: 

• a recording of the webinar Event which can be viewed multiple times
• a PDF of the presenter’s PowerPoint
• a verbatim Transcript
• any supporting documentation
• a CPD Certificate after successful completion of the Knowledge Quiz