Defacto Relationship Definition
The client is inquiring about the definition of a defacto relationship in Victoria, Australia. They have been in a relationship since 2022 but have not lived with their partner. They share a child but do not have joint bank accounts or property, and there have been no significant financial contributions towards property by either party. The client is planning to separate from their partner and has not yet sought dispute resolution or mediation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the key factors that determine whether a relationship qualifies as a defacto relationship under Victorian law?
Under Victorian law, a defacto relationship is defined by several key factors including the duration of the relationship, common residence, shared financial commitments, the presence of a sexual relationship, mutual commitment to a shared life, public perception, and whether there are any children involved. Although you have a child together, other essential elements such as financial interdependence and shared assets are absent in your case, which are crucial for determining the status.
How does being in a defacto relationship impact property division and financial settlements if we separate?
If you're in a de facto relationship and you separate, property division and financial settlements are handled under the Family Law Act. Key considerations include the relationship length, presence of a child, and contributions made by each partner. Since your relationship is relatively new and lacks joint assets or financial contributions, the court may focus on child custody and future needs. De facto partners have similar rights to married couples regarding property settlements.
What are the rights and responsibilities of partners in a defacto relationship about spousal maintenance?
In Victoria, partners may have rights and responsibilities concerning spousal maintenance upon separation, which is financial support from one partner to the other if they cannot support themselves adequately post-separation. Factors such as relation duration, financial contributions, and needs will be examined. Due to your recent relationship and limited financial involvement, establishing maintenance claims may be challenging, but having a child can influence the situation.
How does a defacto relationship affect the inheritance rights of partners if one partner passes away without a will?
In Victoria, if a partner in a de facto relationship passes away without a will, the surviving partner may have the right of inheritance under intestacy laws similar to married couples. If the relationship qualifies as a defacto relationship, the surviving partner could be entitled to a portion of the deceased's estate. Proving the existence of a defacto relationship may be complex unless certain criteria are met.
