What are the preconditions to seeking a
property settlement/asset split?

If you are in a de-facto relationship you may seek a property settlement provided at least one of the following applies to you;

• You and your partner lived together for at least two years (this can include time interrupted by separations); or
• You and your partner have a child together; or
• You made such a significant contribution to your partner’s property that if a property settlement order was not made a serious injustice to you would result; or
• You made such a significant contribution to the relationship as a homemaker or parent that if a property settlement order was not made a serious injustice to you would result; or
• The relationship was registered under relevant state legislation. NOTE: At the present time there is no provision under Queensland law for the registration of de-facto relationships, but it is anticipated that it will become law at some future point in time.

If my boyfriend stays at my place every
week-end are we in a de-facto relationship?

It is possible. Each individual circumstance is different. For property settlement purposes whether or not you are/were a de-facto couple will involve the following issues:

• The length of the relationship;
• The nature and extent of your common residence;
• Whether a sexual relationship exists;
• The degree of your financial dependence or interdependence, and any arrangements for financial support, between you;
• The ownership, use and acquisition of your property;
• The degree of mutual commitment to a shared life;
• The care and support of children;
• How you represented yourselves to the outside world (did your friends and family know that you were living together as a couple?).

In essence the more your relationship looks like a “marriage”, the more likely it is that you are a de-facto couple.

Our child was born as a result of artificial
conception. Does this affect my rights?

If you and your spouse or de-facto partner (including same sex partner):

• Have a child born to one of you; and
• The child was conceived by artificial conception; and
• Both of you consented to the procedure; and
• The sperm donor and/or egg donor consented to the procedure;

then whether or not the child is your biological child, you will be regarded as a parent. Because one of the partners must be the birth mother this applies to lesbian couples but not to gay couples.

I donated sperm/an egg that has been used
in artificial conception. What are my rights
and obligations?

Provided that you consented to your biological material being used, then you are not legally the parent of that child. You will not be legally responsible for the child’s support or have the same rights as a parent under the Family Law Act to claim a relationship with that child.