De Facto Agreements

September 16, 2021

There are additional requirements if you are in a factual relationship that applies to the court for an injunction or comparison with respect to the maintenance and division of assets. Whether you plan to get married or stay in a de facto relationship for the foreseeable future, make the deal while being happy in your relationship, you are much more likely to end up with a marital or de facto agreement, which is fair to both of you and will save you time and money. The Family Act 1975 (Cth) allows married couples and de facto couples to enter into legally binding financial agreements. Although a binding financial agreement can be signed at any time during a relationship, it is preferable that the agreement be concluded before marriage or the initiation of a common-law relationship (i.e. cohabitation). An important aspect of de facto financial agreements is that they have no effect if the parties marry. If you make a financial agreement with your current or planned common-law partner and then opt for marriage, it is important to get legal advice well in advance of the marriage. If you or your partner wish to avoid legal proceedings, you can also enter into a de facto liaison agreement (BFA). If you make a prior agreement before you move in, you can be sure that your belongings are protected. It allows you to define certain assets or financial resources of the law and quarantine them if the relationship collapses. De facto relationships are governed by the Family Law Act 1975. This means that your rights to property management, child custody and separation are dealt with in accordance with the Family Law Act 1975. However, de facto relations in Western Australia are governed by the Family Law Act 1997 (AV).

There is no singular meaning of a de facto relationship. Each case is examined individually and the specific circumstances of the relationship are taken into account. They can also be considered to be in more than one de facto relationship at the same time. The Family Law Act 1975 expressly recognises that a person may be in a de facto relationship, whether in a different de facto relationship. .

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