As a general rule the Property (Relationships) Act 1976 states that when relationship property is divided, each party shares equally (i.e. 50/50) in the family home, family chattels, and any other ‘relationship property’.
The Property (Relationships) Act 1976 sets out the law for division of ‘relationship property’ following division of a marriage, civil union or de facto relationship. A de facto relationship is simply a relationship - irrespective of the sex of either person - where the two people are 18 or older and live together as a couple
What is required to obtain a protection order?
To obtain a protection order, the person applying (the applicant) must prove three things:
- A domestic relationship exists;
- There has been domestic violence; and
- A protection order is necessary for their ongoing protection.