Relationship Property Flashcards
1
Q
What is a de facto relationship?
A
18+, live together as a couple but are not married or in a civil union and have been living together for 3 years
2
Q
What factors does the court consider?
A
- Duration
- Nature and existence of common residence
- Sexual Relationship
- Degree of financial interpendence
- Mutual commitment to shared life
- Public knowledge of relationship
- Children
3
Q
What is considered separate property in relationship property?
A
Family chattels, inherited gifts, if something is given to you it does not count as relationship property, but it must be kept separate
4
Q
What is a relationship property agreement?
A
An agreement you may enter into in respect to the status, ownership and division of their property while in a relationship. These can allow you to contract out of equal sharing of property
5
Q
What is the process of completing a relationship agreement?
A
- Must be in writing
- Signed by both parties
- Each must have independent legal advice
- Signature must be witnesed
- Should be specific and clearly outline what property is seperate
- Must be fair and reasonable
