What is a de-facto marriage

In Western Australia, de facto relationships are defined as relationships between two people who are not married but live together as a couple on a genuine domestic basis. They can be between two people of the same sex or opposite sex. You can be in a de facto relationship with someone even if you are still legally married to, or in another de facto relationship.

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What happens when a de-facto marriage breaks down

When a de facto relationship breaks down in Western Australia, property settlement and child custody and maintenance issues are xgoverned by the Family Court Act 1997, unlike the rest of Australia where the Family Law Act 1975 applies . However, recent changes in the law now allow separating de facto couples in Western Australia to split their superannuation as part of a family law property settlement, aligning with the rights of couples throughout the rest of Australia.

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Criteria for De Facto Relationships

A de facto relationship in Perth, WA, exists when there is a genuine domestic relationship, and at least one of the following conditions is met:

1. The couple has been in a de facto relationship for at least two years.

2. There is a child born from the relationship.

3. It would be unjust not to recognize a de facto party's financial or non-financial contributions [3].

 

Rights of De Facto Couples

De facto couples in Perth, WA, have similar rights to married couples in terms of dealing with financial matters, property settlements, and maintenance orders. The law also allows de facto couples to negotiate property settlements both in and outside of the Family Court.

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Proving a De Facto Relationship

When applying for property or maintenance orders after the breakdown of a de facto relationship, you must provide evidence of the relationship. The Court can only make orders if the relationship meets certain legislative requirements.

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Contact Delta Legal for De Facto Relationship Legal Support​

If you need assistance with a de facto relationship matter in Perth, WA, contact Delta Legal today. Our empathetic and knowledgeable team is ready to help you navigate the complexities of your situation. You can reach us by phone at 08 6364 0412 or email us at info@deltalegal.com.au

 

Conclusion

When it comes to de facto relationships in Perth, WA, trust the experienced team at Delta Legal to guide you through the legal process. Our client-centered approach ensures personalized, empathetic, and effective legal support, giving you peace of mind during challenging times.