Am I Still A De Facto If They Are Married To Someone Else?

One of the questions we often get asked is:

Am I still in a de facto relationship if my partner is married to someone else?

If you're in a situation where you and your partner are in a de facto relationship, but they are also married to someone else at the same time, then you can still be considered to be in a de facto relationship. 

You can still be in a de facto relationship as well as being married to someone else. Alternatively, it might be that you're in a de facto relationship, and your de facto partner is married to someone else.

As a de facto couple, under the Family Law Act, you may be entitled to make an application for a property settlement.

For Example

If you and your former partner had been dating for three years.

You had both put in a lump sum of $40,000 to purchase a house together.

You then later find out that they're married to someone else.

The fact that they're married to someone else does not stop you from being considered to be in a de facto relationship with that person. It also doesn't stop you from being entitled to make an application for a property settlement. 

This situation is a lot more common than you might think. 

Often, when people separate, they may not formally divorce, but they remain separated from their married spouse for a long period. They might then re-partner but still not formally divorce their former husband or wife. 

This does not stop them from being in a de facto relationship with someone else. 

In a situation like this, things can get a little complicated because your former spouse's husband or wife, may also be entitled to a share of their assets, so there could effectively be two claims to the same asset or same property pool.

If you do find yourself in one of these situations and you want to pursue a property settlement, then I highly recommend you get some legal advice at some stage.

This is so that you know your rights and what you may be entitled to. If you would like some further advice, please give me a call on 1300 767 384 or email me at [email protected] 

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