We help you through it.
Marriage isn’t for everyone. Yet, despite alternative relationships growing in popularity, de facto couples have been in the past, left relatively unprotected if a relationship were to dissolve. Today’s legal landscape is more instep with the nation. Recent amendments to the Family Law Act now ensure Australia’s de facto couples, including same-sex couples, share the same rights as their married counterparts when it comes to both property distribution and child custody. They’re also entitled to enter into financial agreements with their spouse at any point at the beginning, middle or end of their relationship.
A de facto relationship is defined through a framework including time, living situation and financial contributions.
Your relationship is defined as de facto if any of the following apply to your situation:
Occasionally there will be contention over whether or not two parties were in a de facto relationship. Sometimes the argument is genuine and at other times it is used to avoid property settlements.
In these cases the court will assess that status of the relationship by looking at:
Not really. As solicitors we still favour out-of-court settlements for both de facto and married couples. They’re less stressful, costly and time consuming – so they’re the ideal solution during an already emotionally fraught time. Our solicitors will use one, or a combination, of the following processes in order to keep your separation out of court:
Amicably agreeing on how to split your assets is obviously the best outcome at the end of a relationship. Though it’s a good idea to have your solicitor register your final agreement with the Family Court in the form of Consent Orders.
The Consent Orders will typically stop you from having to pay stamp duty on properties sold or handed over; they also finalise your agreement preventing any possibility of a future dispute over further assets.
Alternatively you can also organise a legally-binding financial agreement.
If mediation fails, and your settlement case does end up in court, the following will be considered:
The assets both parties entered into the relationship with. The court will assess the relevance of these assets based on the length of the relationship and how much time and money each person made to their upkeep or improvement.
For example: Sandra and Matthew have been together for five years. They lived for the majority of that time in a home purchased by Sandra two years before they became a couple. During their relationship Matthew made financial contributions towards the property both in mortgage payments and in renovations. Matthew has the right to claim his fair share of that property.
The value of your current assets including cars, boats, superannuation and property.
The financial contributions made by each person over the course of the relationship––this includes wages, rent, mortgage payments or payments towards the improvement of a property.
The non-financial contributions made over the course of a relationship including household maintenance and the care of children.
And finally what each person will need in the future in order to care for both themselves and any children from the relationship.
From financial arrangements to property settlement our family law solicitors are available to answer your questions. Fill out an enquiry form now and get the information you need to move forward.
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