De-Facto relationships are common nowadays and can help a couple in having a married couple experience. Responsibilities and duties can be understood and learned through this concept of living. As every coin has a two side this decision can also have a bad side. In this blog we will understand, how to deal with the troubles in de-facto relationship.
A de facto relationship is defined in Section 4AA of the Family Law Act 1975 as a relationship between two adult persons (who are not legally married or related by family) who lived together as a couple on a genuine domestic basis. A de facto relationship can be between the same or opposite sex. However, a relationship is not considered a de facto relationship if the two persons were legally married to one another or if related by family.
Covered under Section 4AA of the Family Law Act 1975, a de facto relationship aims to safeguard the actions of couples who live together but do not want to enter into a marriage. A couple start having a de facto relationship from the moment they start living together, while under migration law, the couple must be living together for a period of 12 months or longer before it can be termed as de facto relationship.
De facto relationships are complex and many a times problem arises. To sort out problems in a de facto relationship, there are several laws under the Family Law Act 1975. A de facto relationship is governed by the same laws of a normal marital relationship. There are even specialized de facto lawyers who can assist you and help you understand the law.
Even if you want to come out from a de facto relationship, de facto lawyers can assist you. Couples in a de facto relationship are entitled to spousal maintenance and property settlement the same way any other couple is, after the breakdown of their marriage.
For de facto separation and de facto property settlement, the parties should start an application for financial settlement within 24 months from the date of separation. Hence, it is recommended that you consult some de facto lawyers as soon as possible. Legal process takes time and the sooner you start the process, the quicker will be the result.
When you make an appointment to meet the best divorce lawyers in Perth to get a solution to your problem, be prepared to give answers regarding your de facto relationship. As there is an added degree of complexity when determining whether two people have been in a de facto relationship, the divorce lawyers in Perth may evaluate certain factors first, such as:-
An application for a property settlement under the Family Law Act can be made if any one or more of the following conditions apply:
As property rights in de facto relationships are defined very poorly in legal terms, de facto lawyers take reference from the Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act to handle property related disputes arising out of de facto relationships.
Moreover, de facto lawyers also rely largely on state property laws that vary from state to state for the proper resolution of property disputes, arising out of de facto relationships.
As each case of property disputes in a de facto relationship is different, de facto lawyers analyze the case in details. They help you clearly understanding your legal rights at this time and suggest you the right solution. Their right advice and suggestion can make all the difference.
At Divorce Lawyers Perth WA, the experienced team of de facto lawyers understand that separation is a life-changing decision. Separation from a de facto relationship has a host of related issues like child custody, child support and property settlement. All these issues need to be handled professionally.
To obtain advice following the breakdown of a de facto relationship, contact De Facto Lawyers Perth today!
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