Who will decide property rights if the relationship dissolves?
There are two means of determining property rights on the breakdown of a personal relationship. Generally if the couple are in a significant relationship (i.e. what is referred to in the Commonwealth’s Family Law Act 1975 as a “de facto relationship”) then property settlements and parenting orders may be sought and made through the Family Court of Australia. For those in caring relationships (and in some very limited circumstances in significant relationships) the Relationships Act provides for property settlements to be made. The Magistrates Court has jurisdiction where the property concerned does not exceed limits imposed by S. 7 of the Magistrates Court (Civil Division) Act 1992. Matters which involve property of a greater value are commenced in or will be transferred to the Supreme Court.
