De facto Relationship Separation?
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Many Australian couples now live together in genuine domestic relationships instead of marrying. The law recognises these unions as de facto relationships, whether between same-sex or opposite-sex partners.
When a de facto relationship ends, you may need to sort out property division and decide where your children will live. Navigating your de facto relationship rights can be as challenging as a divorce.
If your de facto relationship has ended, consult an experienced de facto lawyer or divorce lawyer to understand your rights and entitlements. Learn more about our team, read our many positive client reviews, and Contact Lawpoint today for clear, expert guidance.
What is a de facto relationship?
Two people who live together on a genuine domestic basis are considered to be in a de facto relationship under section 4AA of the Family Law Act 1975. Simply sharing a home doesn’t automatically qualify as de facto.
The Court looks at a range of factors, including:
- How long you’ve been together
- The nature and extent of your shared home
- Whether you have a sexual relationship
- Your degree of financial dependence or mutual financial support
- How you own, use and acquire property
- Your level of commitment to a shared life
- If you’ve registered the relationship under state or territory laws
- How you care for and support any children
- The public reputation of your relationship
- Any other relevant circumstances
Couples in New South Wales can register their de facto relationship on the NSW Relationships Register.
You don’t need to satisfy every factor to be in a de facto relationship. The Court will weigh each factor according to what’s appropriate in your individual case.
Can you adjust property rights after de facto separation?
The Family Law Act 1975 lets former de facto partners ask the Court to resolve financial matters just, , including spousal maintenance, married couples do.
However, the Court can only hear property matters after separation if you satisfy all four criteria:
1. you were in a genuine de facto relationship with your former partner that has ended;
2. you meet at least one of these requirements:
- That the de facto relationship lasted at least two years; or
- That there is a child of the de facto relationship; or
- That the relationship is or was registered under a prescribed law of a State or Territory; or
- one party made significant contributions, and refusing an order would cause serious injustice;
3. you have a geographical connection to NSW; and
4. your relationship broke down after 1 March 2009.
If you qualify as a de facto partner and meet these criteria, you can ask the Court to make property orders after your separation.
What does the Court consider?
The Court examines the same issues in de facto separations as it does when a marriage ends.
Property matters are complex and it is therefore essential that you obtain timely advice from an experienced de facto lawyer or family law lawyers, to ensure that you obtain all of your entitlements.
You can more about property orders from our property settlement lawyers.
Strict time limits apply for de facto separation property orders
You must apply for a de facto property settlement within two years of your separation. Although the Court can extend this deadline in exceptional cases, you should consult a de facto lawyer immediately after your separation to ensure you act before the time limit. Never assume the Court will grant an extension.
What about parenting matters?
Parents of children who are going through a de facto separation have the same rights as parents of children of a marriage.
The most important factor that the court must consider when deciding who a child lives with is what is in the best interests of the child.
The law is designed from a starting point that every child has a right to know both their parents. Equally, every child has the right to be protected from harm. Unless there are issues with violence or abuse, the law expects that each parent with have equal parental responsibility.
You can read more about parenting orders from our child custody lawyers.
What if you are contemplating starting a de facto relationship?
If you are contemplating starting a de facto relationship, you should consider entering into a Binding Financial Agreement, which helps to protect your assets in the unfortunate event of a de facto separation.
Read more about how a binding financial agreement works.
Lawpoint’s highly regarded and experienced team of de facto lawyers can provide you with advice on all of your family law rights, whether you are contemplating a de facto separation or have already separated. Contact Lawpoint today to discuss your situation.
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