Just in Case Law
Just in Case Law
Tanya Chapman
FAMILY: De facto or non facto?
22 minutes Posted Jun 4, 2023 at 11:33 pm.
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When a romantic relationship ends, the parties may need to divide their property and assets.

The Family Court has jurisdiction to make property orders where there has been a breakdown of a marriage or de facto relationship.  If you are married, you show the Court the marriage certificate. But what do you need to show to prove a de facto relationship?

The case of Swinbank v Stein [2022] FedCFamC1F 682 involved one party (Mr Swinbank) claiming that he had been in a de facto relationship

with the other party (Ms Stein). Ms Stein denied this.

Mr Swinbank wanted a division of assets, which he could only get if he first proved that a de facto relationship had existed.

CASE: Swinbank v Stein [2022] FedCFamC1F 682

THIS IS NOT LEGAL ADVICE.