Property Settlement for De Facto Relationship

Property settlements for people in
De Facto relationships

Property Settlement information for De Facto Relationships

People who have been part of a De facto relationship have two years from the date of separation to file proceedings in the Family Court regarding the breakdown of their relationship.  In the event that they have separated beyond two (2) years ago, they will need to apply from leave of the Court for their property settlement.  This leave may not be granted.

Property Settlement for De Facto Relationship

For parties who separated prior to 1 March 2009, their property matters are determined in accordance with the Property Law Act 1958, and proceedings are filed in the Supreme Court of Victoria.  Spousal Maintenance and Superannuation are not taken into consideration by the Supreme Court.

For parties who have separated following 1 March 2010, their relationship is considered under the Family Law Act 1975 and is determined by the Family Court. In addition to a split of people's assets (which includes superannuation), the Family Court has an ability to determine Spousal Maintenance for De Facto couples.

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