Division of property of separated de facto couples is governed by the Property (Relationships) Act 1984 ('the Act') or by general common law principles.
You or your de facto partner may seek to have the property of the relationship divided under the Act provided that:-
An Application must be filed within two years of the day on which you ceased to live together. If two years have passed, in limited circumstances, the Court may grant special leave to file an Application out of time.
If your relationship does not fall within the above requirements, or the two year period has expired, and special leave is not granted, a division of the property of the relationship may be possible under common law as outlined below.
An Application can be made to the Local Court, District Court or Supreme Court.
If a relationship is not covered by the Act, or the period for bringing an Application under the Act has expired, either party can apply to have the property of the relationship divided under common law. For example, common law could remedy a situation where:
You can enter into an Agreement before, during or after a de facto relationship as to how property is to be divided between you and your de facto partner. The Court is restricted in making Orders contrary to the Agreement if:-
If the formal requirements are not met, the Court is still required to have regard to the Agreement when making Orders.
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