Getting a Divorce? A Step By Step Guide.
People often put off getting advice about Divorce, thinking that it is a long and…
De Facto Separation
Townsville De Facto Separation Lawyers
Your local separation lawyers
The number of people in long-term relationships who have not tied the knot is rising. Yet, these couples often engage in activities typically associated with marriage, such as buying property or raising children together. However, there is confusion regarding the laws and rights that apply when these relationships come to an end.
Unlike other countries, if you’re in a de facto relationship in Australia, you usually have the same legal rights as a married couple upon separation. If you are separating, our Townsville family lawyers can help you understand these rights so you can make informed decisions.
What is a de facto relationship?
According to the Family Law Act, an individual is considered to be in a de facto relationship with another individual if:
- the couple is not legally married to each other; and
- the couple is not related by family; and
- the couple is living together on a “genuine domestic basis”
The Family Law Court may consider other factors when determining if a couple is in a de facto relationship, such as:
- the length of time the couple has been together (including any periods of separation);
- whether or not there was existence of a sexual relationship;
- whether or not the couple was residing together;
- the financial dependency of the parties; and
- how the family and friends of the couple perceived the relationship.
If you are unsure whether this applies to you, speak to a de facto lawyer in Townsville today.
Frequently Asked Questions
What should I do if I have separated from my de facto partner?
If your de facto relationship has recently ended or you are considering ending your relationship, it is important to contact a family lawyer as soon as possible.
A family law expert will help you understand your entitlements and obligations, along with any timeframes that may impact your decisions. Armed with the information you need, our team will ensure you are able to move forward with confidence.
What if my ex-partner denies a de facto relationship exists?
If your ex-partner denies the existence of your relationship, the Court has the necessary tools to investigate the validity of the claim. The Court considers several factors such as the length of the relationship, the presence of children, ownership of property, and the living and financial arrangements made by the couple.
What are the rights of de facto partners?
Prior to 2009, de facto partners had fewer rights than married couples.
If you and your partner separated after 1 March 2009, you may apply for property settlement or spousal maintenance under the Family Law Act. It’s essential to note that you must file your application with the court within two years of the date of separation.
Our Townsville family lawyers can provide you with guidance on whether you are entitled to savings, assets, personal property such as cars, and superannuation. They will help you understand the various legal options available to you and ensure that you receive a fair settlement.
When can a property settlement order be made for a de facto relationship?
A de facto property settlement order can be made if:
- the de facto relationship has been registered
- you have lived together for at least 2 years
- you have had a child together
- you have made substantial contributions and there would be an injustice if no property settlement was made.
If you are unsure whether you are in a de facto relationship, speak to a family lawyer at Townsville Family Lawyers today.
What happens to pets during a separation?
Pets are rarely considered as assets, except in the case of high-value animals like racehorses. However, there could be situations where one party has invested more in the pet’s welfare. In such cases, the settlement might be adjusted accordingly.
Usually, individuals resolve the question of responsibility for jointly owned pets, such as cats and dogs, outside court. However, there may be exceptions, such as when the break-up involves domestic violence.
Agreements can be formalised through a consent order, but several factors should be taken into consideration:
- the pet’s relationship with each party,
- who purchased and registered the pet, and
- who primarily cared for it.
If you’re worried about pet ownership following a split, our team of legal professionals can help.
Does a de facto relationship affect child support?
As a parent, you have a shared responsibility towards your children. The Australian Family Law states that every parent is equally responsible for providing financial support to their children. It doesn’t matter whether you are married, in a de facto relationship, or if you were never in a relationship.
Useful Articles
“He Cheated On Me, Now I Get Everything!” ~ Myth Busting Divorce And Separation
We understand that to find out that your significant other has been unfaithful is a…