Marriage and De Facto Relationship

Good family lawyers will tell you that a legally wedded couple who have separated after the year 2009 will not be treated much differently than a steady live in couple in the same situation. It’s important to understand the concept of a de facto couple.

A de facto couple comprises of two individuals who have been staying together for more than two years or have a child together have to follow laws related to financial contribution as laid down by the family laws of that nation.

The emphasis here is on tangible financial contribution as opposed to married couples who receive credit for contributions like “home making”, “parenting” etc. The ultimate settlement of property will depend upon the earlier contributions to the relationship in terms of amount invested in maintenance or build up of assets.

Changes in Family Law post 2009

2009 was an important year which saw de facto couples being brought in under the protective banner of federal law. Couples (de facto) are treated similarly to married couples and even homosexual couples enjoy the same recognition and benefits.

Another important change dictates that pre nups are also legally permissible on de facto relationships. In fact a de facto couple can agree to sign an agreement before, during and after their relationship. Division of joint property and assets can be discussed in these agreements.

The trend in family law suggests that differences between married couples and de facto ones are soon going to dissolve.

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