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Financial Agreements for De Facto relationships

There are different types of Financial Agreements for de facto relationship. It all depends on:

  • which phase you are in (getting together, already together or separating);
  • and which state you live in.

We offer Financial Agreements for all Australian states and territories, and for heterosexual and same-sex couples.

What is a de facto relationship?

The term “de facto relationship” is defined in Section 4AA of the Family Law Act .

A person is in a de facto relationship with another person if;

  • the persons are not legally married to each other; and
  • the persons are not related by family;
  • having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

For the purposes of this Act;

  • a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and
  • a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.

For a full definition go to Section 4AA of the Family Law Act.

One should note that before the amendments to the Act in 2009, the regulation of de facto relationships (also known as domestic partnerships) came under state legislation.

All the states and territories except Western Australia have referred their powers under state legislation to the Commonwealth. As WA has its own Family Court Act (which mirrors much of the legislation in the FLA) they have decided to regulate defacto relationships themselves.

Specifically, provisions that relate to Financial matters concerning defacto relationships can be found under PART VIIIAB of the Act.

Here you will find sections

Australian Law

Our Financial Agreements are drafted to comply with Australian Law

Professionally Drafted

The agreements are professionally drafted by Australian Family Law Experts

Instant Download

No Need to Wait. Download the Agreements Instantly

Easy to use

Plain English - No Legalese. Your Financial agreement is easy to use, edit and understand