An entitlement to claim a financial settlement arising out of a marriage is simple enough to establish. The marriage certificate proves that the marriage took place, and if there is property available to be divided between the parties, a claim can proceed.
It is not always so straight-forward to establish an entitlement to claim arising out of a de facto relationship. There are a number of requirements which need to be satisfied before a claim can be brought. The most important question is whether there was in fact a de facto relationship. Section 4AA of the Family Law Act, sets out the definition of a de facto relationship.
The section includes 8 different issues to be considered. Not every issue needs to be determined in favour of the applicant, and it may very well be a matter for a court to determine whether or not a de facto relationship did exist. If a court determines that there was no de facto relationship, then that is the end of any claim under the Family Law Act.
If the court finds that there was a de facto relationship, or the parties agree that there was a de facto relationship, then before a claim can proceed the relationship must have been of at least 2 years duration, and/or there must have been substantial contributions made to the property of the relationship, and/or there must be children of the relationship. In addition, the parties must be residents of NSW at the time of making the claim, and have lived in NSW for a significant part of the relationship.
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service. Dominic will refer you to an Accredited Specialist Family Lawyer.