Following the breakdown of a de facto relationship in Queensland, the Family Law Act 1975 gives the Family Court power to make orders for maintenance and property settlements if you were in a de facto relationship that broke down on or after 1 March 2009 and:
- the relationship lasted for a total period of at least two years; or
- there is a child of your relationship; or
- you made substantial contributions to the relationship such that a failure to make an order would result in a serious injustice to you; or
- you registered your relationship under a prescribed law of a State or Territory.
If your de facto relationship broke down prior to 1 March 2009, your right to seek an order for a property settlement will be determined by the Property Law Act 1974, which legislated for all de facto property rights in Queensland prior to 1 March 2009. If that is the case, we advise you seek legal advice as soon as possible because you are now outside the limitation period to apply to Court for a property settlement. However, we may be able to negotiate another form of settlement for you or alternatively, if you and your former partner both agree, you may choose to have your matter heard in the Family Court in certain circumstances.
Whether you and your partner separated before or after 1 March 2009, your right to apply to the court for maintenance or a property settlement expires two years from the breakdown of your de facto relationship.
If you and your de facto partner entered into a Financial Agreement at any stage, you may have waived your right to seek maintenance and/or a property settlement from the court.
If you would like further advice about your entitlement to maintenance and a property settlement following the breakdown of your de facto relationship, please contact us.
Information:
[post_connector_show_children slug=”de-facto-relationships” parent=”768″ link=”true” excerpt=”false”]