Two year time requirement - property disputes
The reason why this is so important, is that the equal sharing rules of relationship property law apply to de facto relationships of 3 years or. Recognition of unregistered de facto relationships (irrespective of sex or gender None of these factors is a necessary requirement [s4AA(3)]. A de facto relationship is a relationship in which a couple lives together on a have a de facto partner unless they have lived together as a couple for two years .
How to division of property when a marriage or de facto relationship ends
What is your Facebook status? How do your friends and family view you? Not all of these factors need to be met for you to be in a de facto relationship. Equal sharing and contracting out agreements Once a couple has been in a de facto relationship for three years or more, then any relationship property will be shared equally, should the couple separate or if one of them dies. If you are in a de facto relationship, or about to enter into one, but do not want the equal sharing rules to apply after three years, you may wish to enter into a contracting out agreement also known as a pre-nuptial or relationship property agreement.
Examples where we commonly see the need for an agreement includes: A couple is purchasing a house together and one partner is being gifted funds from their parents or is using inherited funds; One or both people has existing property, such as a home; One or both people have their own business.
You can enter into a contracting out agreement at any time, even if you have crossed the three-year threshold or have had children together. However, people often find it easier to discuss and finalise agreements earlier on in their relationship. Contracting out agreements can be reviewed and updated as a relationship endures or as circumstances change. How long must we have lived together to be covered by the equal-sharing rules? The equal-sharing rules apply to your marriage, civil union or de facto relationship only if you have lived together for at least three years.
A marriage, civil union or de facto relationship of less than three years is called a "relationship of short duration", and in general is not covered by the equal-sharing rules. What if a married or civil union couple were in a de facto relationship immediately before?
Are you dating or in a de facto relationship?
In that case the length of the de facto relationship is counted in determining whether or not the marriage or civil union is of "short duration". For example, if a couple have been married for two years but also lived together as a de facto couple for two years immediately before that, the couple is treated as having been married for four years.
Relationship property is divided equally, unless there are extraordinary circumstances that make equal sharing "repugnant to justice", in which case the relationship property is divided according to the contributions that each party made to the relationship. In the assessing of the different contributions, financial contributions do not rate any more highly than contributions of other kinds, such as caring for children or performing domestic tasks.
There is just one rule for all relationship property - it is all divided equally unless there are extraordinary circumstances that make equal sharing repugnant to justice.
What's the difference between a de facto relationship and marriage? | Watts McCray
Separate property remains separate In general, separate property that is, all property not classed as relationship property remains the property of the person who owns it and is not divided. It includes - property that the parties owned before the marriage, civil union or relationship began and that they kept separate during it any gifts and inheritances that the parties received during the marriage, civil union or relationship and that they kept separate Separate property also includes all property acquired out of separate property, and the proceeds of selling any separate property.
But if an increase in the value of one party's separate property, or any income or gains derived from the property, is caused wholly or partly by the "application" of relationship property, then the increase, or the income or gains, is relationship property, not separate property.
Similarly, if an increase in the value of one party's separate property, or any income or gains derived from the property, is caused wholly or party by the actions of the other party, the increase, or the income or gains, is treated as relationship property, and is divided according to each party's contributions to the increase. This applies whether the other party's actions caused the increase directly or indirectly. Marriages, civil unions and relationships of "short duration" less than three years The equal-sharing rules apply to your marriage, civil union or de facto relationship only if you lived together for at least three years.
A marriage, civil union or de facto relationship of less than three years is called a "relationship of short duration".
In the case of marriages or civil unions of short duration, special rules apply to decide how the property is divided, which mean that instead of there simply being equal shares, the property is divided according to the contributions the parties made to the marriage or civil union. In the case of de facto relationships of short duration, the Act doesn't apply at all unless there are special circumstances, such as there being a childwhich means that your legal rights will be determined by the ordinary rules of property ownership.
The court can decide to treat a marriage, civil union or de facto relationship of three years or more as if it were a relationship of short duration, if the court thinks this is just in all the circumstances.
Marriages and civil unions of short duration - In the case of a marriage or civil union of less than three years, equal sharing does not apply to - the family home or a particular family chattel if it was owned wholly or substantially by one spouse or partner at the start of the marriage or civil union, or the family home or a particular family chattel if it came to one spouse or partner, after the marriage or civil union began, by succession, by survivorship, as the beneficiary under a trust, or by gift from a third person, or the family home and all the family chattels if the contribution of one spouse or partner to the marriage or civil union was clearly disproportionately greater than that of the other In these cases, the share of each spouse or partner in the property in question is determined according to their contributions to the marriage or civil union.
In the case of relationship property other than the family home and chattels, each spouse or partner is entitled to share equally in the property unless his or her contribution to the marriage or civil union has been clearly greater than that of the other, in which case the shares are determined according to their contributions to the marriage or civil union.
De facto relationships of short duration - In the case of a de facto relationship of less than three years, the courts have no jurisdiction to divide property under the Act.
This means that, in general, you are entitled only to property that you have legal title to: However, there is an exception to this, which applies when the court is satisfied either that there is a child of the relationship, or the partner applying for division under the Act made a substantial contribution to the de facto relationship, and that it would create serious injustice if the court didn't make an order under the Act When this exception applies, the share of each de facto partner in the relationship property is determined according to each partner's contribution to the relationship.