Posts tagged as:

de facto

Zoe Durand

Whilst it seems more common sense to write about a recent Court case, I am interested in the lack of recent so called “mistress” cases since the case of Jonah & White [2011] FamCA 221, failed on appeal (Jonah & White [2012] FamCAFC200). Did the failure of the appeal mean that other potential applicants in similar situations no … Read more

Is He My Boyfriend or My De Facto Partner?

by Peter Magee on October 13, 2016

Anne-Louise Pham

From an emotional point of view, many people would argue that their partner is just a “boyfriend” or “girlfriend”. It may be a period of time or significant event before the parties are embedded to one another in a long-term committed relationship. However, from a family law point of view, a Court may determine that you and your former partner … Read more

Substantial Contributions in De Facto Matters

by Peter Magee on September 4, 2016

Byron Leong

Parties to a de facto relationship are able to bring an application for property settlement and maintenance pursuant to the provisions of Part VIIIAB of the Family Law Act 1975 (The Act”) if they satisfy certain criteria as set out in the Act.

Section 90SK(1) of the Act provides that a party to a de facto relationship can make an … Read more

Are You In A De Facto Relationship?

by Natasha Heathcote on September 14, 2015

Natasha Heathcote

You have been dating and living with your partner for some time. You may even share bills and work around the home. You might even have a child together.

But when are you in a ‘de facto’ relationship?

Section 4AA of the Family Law Act 1975 defines a de facto relationship as a relationship where the two persons are not … Read more

De Facto or Married?

by Michelle McDermott on May 22, 2015

Michelle McDermott

I read a rather funny article recently by Becky Dickinson on the Parentdish UK website as to why the author does not think that she needs to be married. The reasons may resonate with many of you out there in “Blog Land”.

To clarify, in the UK parties who live together but are not married are called “cohabitees”. Here in … Read more

Peter Magee

Since amendments to the Family Law Act became effective in 2009, the Family Law Courts have had the power to make orders regarding the division of a de facto couple’s property following the breakdown of their relationship. When determining who gets what, the Court considers the same factors that it takes into account when making orders regarding married couples.

But … Read more

Peter Magee

In May 2014, ninemsn reported that: “A Queensland man who donated sperm to a lesbian couple will have his name removed from their children’s birth certificates in a first for the state.”

The article called, “Gay couple will both be listed as child’s parents” reports that the biological mother’s de facto partner, not the biological father, will be recorded as … Read more

Peter Magee

In an article published in “The Australian” on 23 April 2014, Nicola Berkovic reports that “De facto couples – even those who have a child and live together – have a significant social, financial and emotional difference to married couples.”

In the article called “De facto couples have difference to married counterparts, judge says” Berkovic reports that in one case … Read more

Young and Divorced

by Peter Magee on January 23, 2013

Peter Magee

In an article called “Young, Beautiful and Divorced” published in the Sydney Morning Herald on 23 September 2012, Nina Karnikowski, discusses divorce of those in their twenties.

Ms Karnikowski states that although “no one enters marriage anticipating divorce, especially not within the first few years,” statistics show that the younger the person marries, the more likely they are to divorce. Read more

Is my relationship really over? How to find out.

by Peter Magee on February 28, 2012

Peter Magee

Have you been wondering whether your marriage or de facto relationship is really over? Are you having trouble communicating with your spouse or de facto partner? Before you pull the pin on your relationship completely, perhaps you should consider attending family dispute resolution with your partner. There are many causes for conflict and poor communication in relationships.
Accredited family dispute … Read more