About De Facto Relationships In Australia
Do couples in a de facto relationship have the same rights as married couples after de facto separation?
The law in Western Australia provides that couples in a de facto relationship and same sex couples may be entitled to a de facto separation property settlement or spousal maintenance after de facto separation in the same way as married couples (with one exception). You can also apply to the Family Court for parenting orders.
The exception is that, for couples in a de facto relationship, the Court cannot make orders splitting superannuation entitlements.
As De Facto relationships are considered binding in the eyes of the law, it is very important to seek advice from experienced De Facto Lawyers to make sure you get the desired outcome from your separation.
Were you in a de facto relationship?
The Court must first determine if you were actually in a de facto relationship. There are many factors that can be taken into account, including:
- The length of your relationship;
- Whether you lived in the same house;
- Whether you were financially dependent on each other;
- The ownership, use and acquisition of property;
- Your commitment to a shared life;
- Whether you have cared for and supported children; and
- The public nature of your relationship.
If you are unsure if your relationship is considered De Facto, our experienced team of De Facto Lawyers can help provide clarity & advice on your situation to make sure you are properly informed of your situation.
How long do couples in a de facto relationship have to obtain a property settlement?
A financial relationship exists whether you have been married or in a de facto relationship and this relationship will continue to exist until an order is made by the Family Court.
You should commence any application for property settlement or spousal maintenance within two years of the date of your de facto separation. After this time, you will need permission from the Family Court to make a de facto separation property settlement.
Our experienced De Facto Lawyers in Perth can provide advice on all aspects of the law as it relates to couples in a de facto relationship and same-sex couples, including how to manage negotiations on property or child-related matters.
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