De facto

De facto property matters differ from married couples property matters in a number of ways.  At present de facto property matters are dealt with by the Queensland State Courts, as opposed to the Federal Magistrates Court or Family Court of Australia.
 
In order for parties to be able to avail themselves of the relevant de facto legislation it is necessary to establish:

 

• That the parties have lived as a couple on a genuine domestic basis for a period of at least two (2) years.  It is also worth noting that the de facto legislation covers both same sex, and male/female relationships.  The two year requirement is not necessary if there is a child of the relationship, or if one of the parties has made a significant contribution to the relationship. The definition of 'significant contribution' can vary from case to case and we would encourage you to speak to one of our team if you feel that that exception applies to you.

• It is also necessary that proceedings be brought to the Court within two (2) years of the breakdown of the relationship.

 
Many of the factors the Court will look at when determining how to effect a property adjustment in a de facto matter are similar to the factors when the Federal Magistrates Court or Family Court of Australia are determining a property matter for a married couple.
 
However, there are a number of important differences such as:

• Court’s dealing with de facto matters can not make Orders in relation to ongoing maintenance of one party or the other;
• Court’s dealing with de facto matter do not have the power to Order that superannuation interests be ‘split. 
  

These are perhaps the most crucial two differences between de facto matters, and property matters between married couples, but there are many more whose relevance and importance will vary on a case by case basis.
 
As with all areas of practice we always strive to settle these matters with a minimum amount of stress and cost, however our team are also able to prepare and argue de facto property cases in the District and Supreme Courts of Queensland.
 
As a final point, there is currently a Bill before the Australian Parliament which would see de facto property matters heard in the Federal Magistrates Court or Family Court of Australia, rather than the State Courts however it is still unclear as to what changes these new laws will bring about.