In Australia, there are a number of laws that apply to married couples that do not apply to de facto couples, such as rights and protections around inheritance, property ownership and common law marriage. This can lead to inequalities between married and de facto couples, especially in the event of the death of one partner. In this blog, we will discuss some of the ways in which de facto inheritance differs from marriage inheritance in Australia and what options there are if you find yourself in this situation.
What Is a De Facto Relationship?
It is a common misconception that de facto couples in Australia enjoy the same legal rights and protections as married couples. While family law has largely evolved to recognise de facto relationships, couples can still face hurdles in other areas of law. Some Australian States give the same inheritance rights to married partners and those who live together for two years or more. Others will only award them if there is no written agreement between the parties, or where there are children of the relationship. Regardless of your State, however, you should make sure you know what your de facto partner's will says before inheriting anything from them. The mere fact that they have left you anything at all might indicate a different intention than if they had left everything to their parents or siblings.
The Importance of Having a Will
It is a common misconception that de facto couples in Australia enjoy the same legal rights and protections as married couples. While family law has largely evolved to recognise de facto relationships, couples can still face hurdles in other areas of law. This includes when one partner dies and wants to leave something behind for their partner but are not able to do so because they are not recognised under de facto inheritance laws Australia.
What About Cohabitation Agreements?
De facto couples might also wish to consider cohabitation agreements. These agreements set out what each partner has access to, both financially and emotionally, when the relationship ends. They can include other provisions such as how debts are paid off, what happens to the property if one person wants out or divorces and how decisions are made about any children they have together.
Otherwise, it may be necessary for each de facto partner to bring a claim against the other on an individual basis in order to clarify their rights.
The Legal Protection That Survives Death
De facto couples who are considering contesting a will should also be aware that inheritance laws differ depending on which state they live in. For example, inheritance for de facto couples is different for each of the following states: *Queensland *New South Wales *Tasmania *Victoria *Western Australia
De facto couples who own property jointly could be at risk for a de facto claim on their estate. But how does a de facto relationship affect their rights to inherit from one another? Again, it depends on which state you live in. For example, Queensland sets out that if there is no contrary intention, a child's parents are the child's parents whether or not they are married to each other or cohabiting. However this may not be the case elsewhere.
