Legal Question in Family Law in Australia

Acquisition of property rights in de facto relationship

does a partner entering a de facto relationship without assets or any contribution to the acquisition of assets acquire any right to claim a share in the other partners assets in the event of a separation. What period of co-habitation constitutes the establishment of such a relationship


Asked on 4/15/05, 10:59 pm

1 Answer from Attorneys

Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Acquisition of property rights in de facto relationship

Please bear in mind that the law changes from State to State. In Qld, you must be in a de facto relationship for 2 years before the relevant legislation kicks in. There are exceptions that relate to an unfair situation if someone kicked in significant contributions but the relationship was less than 2 years. If the legislation applies, then you calculate the net value of all assets and liabilites (even those owned prior), you then weigh up contributions (which often then negaitves the inclusion of prior assets) and then look for any of the adjusting factors like differences in age, health, children, etc. It is pretty complex. You can contract out of the legislation though with an agreement something like a pre nup. Happy to explain further if needed. Greg Shoebridge ph 07 3229 3339

Read more
Answered on 4/15/05, 11:14 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Australia