- Discover essay samples

The rights of De Facto Relationships in Australia

4.9 of 5.0 (173 reviews)

725 words
Social Issues

The rights of De Facto Relationships in Australia page 1
The rights of De Facto Relationships in Australia page 2
The rights of De Facto Relationships in Australia page 3
The above thumbnails are of reduced quality. To view the work in full quality, click download.

The rights of De Facto Relationships in Australia


?Marriage involves a number of legal rights and duties. If a man and woman live together as husband and wife but are not legally married, the legal consequences may be different from those arising from a legal marriage.? (

The length of a de facto relationship can help to decide wills, intestacy,
property settlements and maintenance after the breakdown of a relationship or the death of a partner. The nature of their assets and how those assets were acquired will help to determine property settlements.
The existence of a sexual relationship may help to establish the actual existence of the relationship. The degree of financial independence each partner has may affect, upon failure of the relationship, the contributions made from each partner and any property distribution and maintenance.
The de facto couple's genuine domestic arrangements and whether they have had children can determine, upon the breakdown of a de facto relationship, the property, maintenance and other financial support. Generally there is no duty between de facto partners to maintain one another. (
All of the pre-mentioned components can have an impact on the rights and obligations of a de facto relationship.

Present Laws

A de facto relationship can be described as the relationship between a man and a woman who are known to live together as husband and wife but have not entered into any legally binding agreements.
The Family Law Act and the Property Law Act both address issues concerning de facto relationships.

The Family Law Act 1975 (Cth)
The Family Law Act is a federal Act, which applies to all issues relating to children following the breakdown of a relationship whether the parents are married, have lived together in a de facto relationship or never lived together. Matters of child support, orders dealing with residence and contact and specific issues in relation to children are all dealt with by the Family Court. (

The Property Law Act 1974 (QLD)
Laws relating to property issues, where the parties have not been legally married but reside together as husband and wife in Queensland are set out in the Property Law Act.
This is the only legislation, which relates directly to de facto relationships, as Queensland does not have a De facto Relationship Act like some other states in Australia.

Broker, ?Defacto Legislation? (2000,Feb) states that the aim of the Property Law Act is to ?provide for the resolution of financial matters at the end of a de facto relationship, recognise that de facto spouses should be allowed to plan their financial future, including the making of a cohabitation or separation agreement, and provide for a just property distribution at the end of a de facto relationship.?

Cohabitation agreements are written to set out the ways in which a man and woman shall live in a de facto relationship. These agreements can be made at the commencement or end of a relationship.

Separation agreements however, are written to deal with property and possessions distribution, after the relationship has broken down or in the process of ending. Under s265, of the Property Law Act, de facto partners can make a separation agreement either in contemplation of ending their relationship, or after it has ended. That agreement can deal with financial recourses of the couple, the dividing of them individually, including property, superannuation elements, benefits and property.

A cohabitation or separation agreement should be in writing, signed by both parties and witnessed by a Justice of the Peace or solicitor.
These agreements must also contain a statement of all-significant property, financial resources and liabilities of each de facto partner at the time the agreement is signed.
Provided the agreement meets these conditions, it will be known as a ?recognised agreement? and will in most cases be enforced. (Broker, ?Defacto Legislation?. 2000, Feb.)

Legal Issues
Breakdown of De Facto Relationships
?Issues such as the division of assets after separation and the distribution of assets on death where there is no will cannot ...

You are currently seeing 50% of this paper.

You're seeing 725 words of 1449.

Keywords: rights of de facto relationships in australia, how many de facto relationships in australia, laws on de facto relationships, what is considered a de facto relationship in australia

Similar essays

Abortion Overview

Abortion is the ending of pregnancy before birth and is morally wrong. An abortion results in the death of an embryo or a foetus. Abortion destroys the lives of helpless, innocent children and illegal in many countries. By aborting these unborn infants, humans are hurting themselves; they are not allowing themselves to meet these n...

72 reviews
The Advantages Of Stupidity

Most people say being stupid will lead no where. They claim that it is the worst possible condition in which to spend one's life, and if possible, it should be completely avoided. They would even suggest if the symptoms of stupidity are caught in the early stages, it could easily be treated by a surgeon. The most effective method used to do this...

87 reviews
Child Discipline

The discipline of a child must always come from the parents, as society says. Power corrupts, however, and absolute power over another person can corrupt absolutely. Taking advantage of the thinness of the line between discipline and abuse, a parent often doesn?t have to answer to anyone if and when they cross that line. In Mary...

57 reviews
Race Relations In The United States

America, 1967: Five years after the assassination of President Kennedy, and the Civil Rights March in Washington D.C., the Kerner Commission wrote a report that found that America was 'moving towards two societies, one black, one white, separate and unequal.' Three decades later, in an address at the University of California in San Diego, Presiden...

58 reviews
Radical Feminism Inhibits The Liberation Of Women

Since I was a really young child I was told that I could do anything that a boy could do. This chorus still rings loud in my ears today. This is the way many women are raised today. They are raised to be leaders and followers just like the other gender. The radical feminist, however, has one main mission in the world today to irradiate the male gen...

5 reviews
Atsisiųsti šį darbą