Who can apply? In the Federal Circuit and Family Court of Australia, individuals in relationships that are not legally married (known as de facto relationships) can apply for maintenance. The conditions under which they can do so are:
The relationship ended after 1 March 2009.
They meet the definition of a de facto relationship or have formally registered their relationship. The criteria for a de facto relationship include:
The parties were never legally married.
They are not family relations.
They share real family bonds, judged by factors such as longevity of the relationship, co-habitation, financial interdependence, shared possessions, mutual life commitments, and public perception of their relationship. It is worth noting that a person may be in a de facto relationship even if they are simultaneously married to someone else or in another de facto relationship.
Time and place requirements: The application should be made within two years of the end of the de facto relationship. The following exceptions may apply:
A refusal will result in hardship to the applicant or child.
The applicant cannot become self-sufficient after the application period without specific financial assistance. For unregistered relationships, the court also requires the following evidence:
Relationships lasting at least two years or
There is a child in the relationship or
Significant contribution to the shared property, which could otherwise lead to serious injustice. For jurisdictional purposes, at least one party should be a permanent resident of the jurisdiction involved, such as Victoria.
Factors Considered by the Court In deciding the issue of maintenance, the court will assess the following factors:
The claimant is unable to adequately support himself/herself due to childcare, age, physical or mental limitations or other valid reasons.
Various factors, including the health of both parties, financial situation, length of relationship, standard of living, parental roles, etc.
If one party is cohabiting with another, the financial circumstances relating to that living arrangement.
A previously set financial agreement between the parties. It is worth noting that any rights relating to income tested pensions, allowances or benefits are disregarded. If you need legal advice on maintenance or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersAddress Level 2, 262 Queen Street, Melbourne 3000, Telephone 0396023988 Address Level 2, 262 Queen Street, Melbourne 3000, Phone: 0396023988
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