Richard Watson, Principal

View Richard's Profile

New deFacto Laws

Property division when de facto relationships break down - new Commonwealth law for separating de facto couples.

New laws for the division of property for people in de facto relationships that break down have been passed by the Commonwealth Parliament.

The new laws bring separating de facto couples, on the division of property and the payment of spouse maintenance, within the federal family law regime under the Family Law Act 1975.

The Family Court of Australia and the Federal Magistrates Court currently hear cases between de facto couples concerning children. The new laws will enable de facto couples to access, as married couples can currently access, the courts for property and spousal maintenance matters as well as child-related proceedings.

When do the new laws start?

The new laws, contained in the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008, have been proclaimed to commence on 1 March 2009.

What will the new laws do?

The new laws will provide for de facto couples, when they separate, to obtain property settlements on the principles that currently apply under the Family Law Act 1975 to married couples.

This will be a change from the current laws that apply to de facto relationships which differ depending on the particular State or Territory law that applies.

The new laws will enable courts to order a division of any property that the couple own, either separately or together with each other. Superannuation that each partner has will also be able to be split (married couples have been able to split superannuation since 2002). Spouse maintenance will also be able to be ordered (not previously possible in Queensland or, until very recently, in Victoria).

When can courts make an order?

Courts will be able to make these orders if satisfied of one of the following:

the period (or the total of the periods) of the de facto relationship is at least 2 years
there is a child of the de facto relationship
one of the partners has made a substantial financial or non-financial contribution (including as a homemaker or parent) and serious injustice to that partner would result if the order was not made the de facto relationship has been registered in a State or Territory with laws for the registration of relationships

What relationships are covered?

A de facto relationship is a relationship that two people who are not married have as a couple living together on a ‘genuine domestic basis’.

It can exist between 2 people of the opposite sex, or between 2 people of the same sex.

All the circumstances of the relationship will determine whether a couple have a de facto relationship. These include:

the duration of their relationship
the nature and extent of their common residence
whether a sexual relationship exists
the degree of financial dependence or interdependence, and any arrangements for financial support, between them
the ownership, use and acquisition of their property
their degree of mutual commitment to a shared life
whether the relationship has been registered, in a State or Territory with laws for the registration of relationships
the care and support of children, and
the reputation and public aspects of their relationship.

Has your relationship already broken down?

The new laws will apply to de facto relationships that break down after the new laws commence.

Current laws will continue to apply to other de facto relationships, although couples who separate before the new laws commence will be able to choose, after obtaining independent legal advice, that the new laws apply to their relationship.

Do the laws apply in my State or Territory?

The new laws will apply to people who are ordinarily resident in New South Wales, Victoria, Queensland, Tasmania, the Australian Capital Territory, the Northern Territory or Norfolk Island at the time that their de facto relationship breaks down.

When can I apply?

Parties must apply to a court within 2 years of the end of the de facto relationship. In limited circumstances, a court may grant leave to make an application after the end of that period.

What if I don’t want to be covered by these laws?

It is possible for a couple to make it clear that they do not want these laws to apply to their relationship. Couples can make an agreement about how they will distribute their property and maintain each other if their relationship was to break down. These are called binding financial agreements and can only be entered into after both parties have obtained independent legal advice.

Binding financial agreements can be made before entering into a relationship or during a relationship.

Written agreements that couples have made under current State or Territory law about property division or spouse maintenance in the event of the breakdown of their de facto relationship will continue to apply.

Please note that our provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. Telephone discussions should not be construed as legal advice and are not to be relied upon. Legal advice which you can rely on can only be properly provided by us to you at or following an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. If you wish to arrange a conference, please contact us.

Online enquiry form

Watson & Watson are always available to provide expert legal advice and answer any questions you may have.

Name:	*
Email:	*
Phone:	*

Please send me advice on:

Building & Construction Law
Family Law
Commercial Litigation
Conveyancing
Criminal Law
Insolvency/Bankruptcy
Wills & Probate

Comments:

Recent Cases

Family Law Property Division - 30/09/2010

Watson & Watson acted on behalf of the Wife. There was a long marriage of approximately 20 years and there were significant assets, however, there were very substantial debts and the total net assets...

Testimonials

7/11/2011

Many thanks for all your support in securing our unit. We very much appreciate your help. Kind Regards.
- M & C, Hills District

1/11/2011

Absolutely fabulous Lelien, we are definitely keen on this strategy. Very happy with your process so far. Many thanks again.
- R.E, Sydney

9/10/2011

"Thank you for your email and effort to help me... I do not know what I would have done without you."
- K.S, Byron Bay

2/10/2011

"Thanks for yesterday, great advice and some more clarity in my mind on how we will be proceeding."
- P.B, Sydney

29/09/2011

"Richard. Many thanks. We are very appreciative of the professional assistance given to us in relation to our claim for defective building works. With your professional help we were able to come to a satisfactory resolution to our long standing problem"
- J.H, Gosford

20/09/2011

"Many thanks for all the work & effort you have done to help us secure our unit. We very much appreciate the time you have taken."
- M.C, Sydney

22/07/2011

"I am personally grateful for the effort put into this by all concerned. I do believe the issues have been thoroughly aired and we can now finalise the matter."
- J.T, Sydney

18/07/2011

"To Chris Jefferies,
We wish to thank you for the efficiency you have displayed in the Conciliation Conference and for settling the matter for us."
- Holden Barlow Solicitors, Perth

28/06/2011

"Thanks again for all your help. You've been an absolute delight to deal with."
-B.M, Sydney

3/06/2011

"Dennis, Thank you for your advice and taking my case in this matter. Peter has spoken so highly of you."
- S.Y, Sydney

26/05/2011

"Dear Dennis,
Wonderful news!
Thank you kindly for your great work, I am so very pleased and thrilled with the result.
My life is so much brighter and we can stay here in Australia.
All my family are grateful and so happy."
- L.S, Sydney

25/05/2011

"I would also like to acknowledge all Dennis' expertise and hard work."
- P.L, Sydney

17/05/2011

"Just to say a big thank you for today! I am delighted with the result."
- J.M, Eastern Suburbs

11/05/2011

"Dennis,

I am writing to send my deepest thanks for yesterday's outcome. Your efforts in pressing the case have been nothing short of magnificent.

I have been (in part) of a mind set that defeat and rejection was to be my soul mate on this issue. But yesterday's fine transition from nothing to something is such an incredibley happy outcome. Your considered opinitions, general care and legwork, as a commmiteed and compassionate advocate will stick as a life long memory. I feel extremely fortunate and proud of what has been achieved.

I understand too, with the joy comes the responsibility. The message of dilligence is not lost and is branded into the forefront of my mind.

Yours in sincere thanks."
- D.G, Sydney

11/05/2011

"Excellent! Progress. The ball is in your court. Congratulations."
- M.D, Sydney

4/05/2011

"Despite trying very hard to come to amicable agreement we found ourselves in the dreadful position of constant intimidation correspondence from the solicitors of the buildings who undertook residential renovations. As a result I instructed Richard Watson to act in the matter. It turned out that having a firm of solicitors highly experienced and qualified in the very complex area of building law proved essential and indeed saved the day. This together with their kindness and open and honest frankness made something that was looking impossible into a great success."
- M.N, Eastern Suburbs

21/04/2011

"The letters to the solicitors on the other side are perfect. Please send it."
- C.F, Lower North Shore

20/04/2011

"Thank you very much for you have done job for me!"
-S.L Parramatta

31/03/2011

"We greatly appreciate the efficiency and also the time to see us the Tuesday night before we exchanged contracts. We moved in on the weekend and are very happy."
- PB-H, Lower North Shore

29/03/2011

"I appreciate the professional assistance given."
- D.D, South West Suburbs

4/03/2011

"You have been wonderful and worth every penny."
- P.H, Canada

4/03/2011

"I'd just like to say a big thank you!
I appreciate your help and patience throughout."
- J.F, Eastern Suburbs

21/01/2011

"Thank you, thank you, thank you."
- Z.H, Sydney City

1/12/2010

"I found myself in a difficult situation and was fortunate to engage Richard Watson of Watson & Watson. Richard helped explain the options and alternatives available to me and the likely outcomes having regard to all matters to be taken into account. Richard helped me come to a very satisfactory resolution of the matters and as a result I have been able to secure accommodation for myself and children in the local district in a relatively short period of time. In addition to the advice as to the various alternatives, options and likely outcomes I found Richard caring.

Throughout when things were difficult Richard was a steady influence so that I could achieve the optimum outcome for all concerned. I recommend Watson & Watson for any other person in similar circumstances. "
-S.J.G Cremorne

1/11/2010

"Just would to wish you a very Merry Christmas. I will never forget your kindness and generosity - and strength at times I feel you worked with the mighty Lord - quite testifying!
I have so much gained from the experience in many ways."
Best Wishes and Many Regards,
-R.L

1/08/2010

"Hi Richard ,
This is just a brief note of thanks for taking care of me through this horrible situation.
I know you are a pro but for those of us that are faced with the reality... it's scary & sad. "
Best Regards,
-D.T

1/08/2010

"I was in a position that I had exchanged on the purchase of a property and I had agreement from my ex for funding the purchase, however, after I exchanged to purchase, my ex changed his verbal agreement. I came to Watson & Watson as my daughter had received a very good outcome with understanding. Watson & Watson in a very short period of time achieved a cost effective settlement which allowed me to complete my purchase. Their experience relating to various alternatives gave me other alternatives and allowed me to conclude the finalization of the property matter with my ex and the purchase of the property in a very short period of time and to my utmost satisfaction."
-K.S Leura

1/07/2010

"Watson & Watson have performed exceptionally in a cost effective manner for the Bank for in excess of 20 years and never recovered less than expectations. Their work is professional, cost effective and always above expectations. In all my years with Watson & Watson the Bank has only lost one case and that was the first case in which I was at the Bank instructing another solicitor for the Bank and Watson & Watson acted for the customer against the Bank, our solicitor lost, Watson & Watson acting for the customer against the Bank WON."

"I have been instructing legal firms in relation to litigation and recovery actions for the Bank for more than 20 years. Richard Watson and his team are result driven. The costs on a case by case basis is significantly less than other firms which I instruct from time to time on behalf of the Bank."
-H.B Bank Sydney

1/06/2010

"Dear Richard,,
Many thanks for all that you have done.
It is been a fantastic result."
Thank you
Best Wishes"
-R.L Surry Hills

31/05/2010

"My family bought property in the 1950's and registered it in the name of my brother. My brother assumed ownership of the property. Nothing was done until Richard Watson became involved and the matter was settled with a substantial payment to me, more than doubling my ample wealth."
-L.S Canberra

1/05/2010

"I was concerned as to the costs of the process. Watson & Watson are focused on results and means by which I could provide information required which assisted in a cost effective resolution. Watson & Watson assisted in identifying the issues, alternatives and options and what was the best way to resolution."
-R.B

1/02/2010

"I went to two other solicitors and then Watson & Watson before making a decision. Watson & Watson raised issues that other solicitors had not thought of. Richard Watson explained clearly issues relating to spousal maintenance that may arise now and in the future and a method of protection from future claims. Not only did Watson & Watson deal with the immediate needs but took steps relating to protection in the future and advice in relation to estate and other matters following the break up of my relationship. I have recommended Watson & Watson for others int he unfortunate position of break up of their relationship."
-A.L Pymble

+ Read more testimonials