De facto Relationship Jurisdiction

Jurisdiction

How to win a de facto jurisdiction caseFor married couples, it is simply a matter of applying for the Courts’ relief once the relationship has broken down. On the other hand, de facto couples must first prove to the Court that in actual fact a de facto relationship existed between the parties. So in effect, the Courts’ function in a de facto matter is to firstly determine whether the Court has jurisdiction to hear the matter by examining whether a de facto relationship existed, and secondly whether the relief sought by an applicant ought to be granted.

This article highlights that in spite of clearly enunciated guidelines in the legislation, judging whether or not a de facto relationship existed between two people for the purposes of Family Law is not a formality and can often be a barrier for many Applicants.

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