De Facto Relationship

Link to:
Introduction
Does a De Facto Relationship exist?
What is a Domestic Relationships Agreement?
What is a Termination Agreement?

Introduction     Return to TOP

A De facto relationship is a relationship between two adult persons who live together as a couple; and who are not married to each other or related by family.

What is taken into account in determining whether a de facto relationship exists?     Return to TOP

1. The duration of the relationship;
2. The nature and extent of common residence;
3. Whether or not a sexual relationship exists;
4. The degree of financial dependence or interdependence; and any arrangements for financial support between the parties;
5. The ownership, use and acquisition of property;
6. The degree of mutual commitment to a shared life;
7. The care and support of children;
8. The performance of household duties;
9. The reputation and public aspects of the relationship.

If you are in a de facto relationship or propose to commence a relationship you may wish to enter into a Domestic Relationship Agreement.

If you have decided to separate in a de facto relationship you may need to enter into a Termination Agreement.

What is a Domestic Relationships Agreement?     Return to TOP

A Domestic Relationships Agreement is an agreement which can protect, preserve/quarantine your assets and property from any dispute that may arise in the event you separate from your partner, provided you and your partner have made full and adequate financial disclosure. The distinct advantage is that you avoid future court proceedings by agreeing on and providing what is to happen to existing or future property on separation.

Provided that each party obtains independent legal advice a Domestic Relationships Agreement is binding upon the relevant State Court other than in exceptional situations involving such a change in circumstances as may result in a serious injustice if the agreement were upheld.

What is a Termination Agreement?     Return to TOP

A Termination Agreement is an agreement entered into by parties to a de facto relationship following the breakdown of the relationship.

Provided full and adequate financial disclosure is made, the Termination Agreement finalises without Court procedures financial matters that may arise as a result of the relationship. You must obtain separate and independent legal advice from that of your partner.

Contact Paul & Paul Lawyers directly for further information as to how we can help you with your Domestic Relationships Agreement or your Termination Agreement.