|
The difference between the laws attitude to de facto relationships and marriages has now almost expired with the recent amendments to the Family Law Act effectively integrating the previous Act dealing with de facto relationships known as the Property Relationships Act.
If de facto parties separate after 1 March 2009, any proceedings or financial agreement will be under the auspices of the Family Law Act.
Before these amendments parties who are in dispute in relation to the division of property under the Property Relationships Act were not entitled to obtain any adjustment in relation to future needs in the same way that married couples were.
This distinction has now abolished.
If however you have been in a de facto relationship and the relationship has broken down prior to the 1 March 2009, the law determining how property is to be divided in those circumstances remains under the Property Relationships Act (NSW).
Nevertheless it is important to recognise that you have only two years in which to commence any proceedings following the breakdown of your de facto relationship.
The new Legislations sets out clear guidelines as to how to define a de facto relationship.
These issues need to be carefully considered. There is potential for parties who are in long standing “extra marital” relationships to have obligations to maintain their boyfriend/girlfriend in circumstances.
This law is not yet tested but the issue is arguable.
|
Please complete this form to arrange a confidential and free telephone conversation with one of our solicitors
|