How does property settlement work for de facto couples?

In this episode, Family Law expert Atty. Jesil Cajes walks us through property settlement following the end of a relationship, explaining the process for both married and de facto couples. She also discusses how property division differs between Australia and the Philippines.

Under the Family Law Act 1975, de facto relationships are recognised legally. Image source: Kindel Media/Pexels

Key Points

• Atty. Cajes points out that when a de facto relationship ends, property settlement and financial matters are handled in the same way as they would be for married couples, ensuring fair and equitable division of assets.
• In Australia, de facto partners have two years from the date of separation to apply for property settlement. For married couples, the time limit is one year from the date the divorce is finalised.
• Atty. Cajes explains that the definition of a de facto relationship varies between Family Law and Migration Law. In Family Law, multiple partners may be recognised in property division, whereas in Migration Law, the relationship must be proven to be genuine and exclusive for visa applications.

PAKINGGAN ANG PODCAST

May karapatan ba ako sa hatian ng ari-arian sa isang de facto na relasyon?

SBS Filipino

14:29Filipino

The court doesn’t automatically go for a 50/50 split. The goal is to come to a fair and equitable division of property, taking into account all the contributions both partners made during the relationship, whether financial or non-financial.

Jesil Cajes, Family Lawyer

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