Property Settlement After End Of De Facto Relation

December 21, 2021    divorcelawyersperthwa
Property Settlement After End Of De Facto Relation

Ending a de facto relationship, especially one like marriage is not an easy thing. Apart from the social and emotional constraints the property related settlements, management of finances and custody affairs are a lot to be negotiated about.

One of the prime concerns which relate to this kind of divorce settlements are the spousal maintenance and property settlement affairs. As for the family law matters of Australia, these kinds of settlements are taken very seriously and a strict timeframe are designated for each of the case under each of the varying circumstances.

Therefore, if recently you’re undergoing a divorce battle don't waste any more time and reach up to some reputed property settlement lawyers Perth to take care of the spouse maintenance and property settlement affairs. Further to help you out on these matters here is a brief guide.

What Are The Time Limits For Different Couples?

As mentioned already the family law of Australia designates a separate time frame for couples in different circumstances to apply for property related lawsuits. Therefore the time frame will vary from married couple to de facto couples and so on.

  • A total understanding of these different sets of time frames can only be achieved when you have some leading divorce lawyers Perth at your side to look into the matters and utilize the timeframe before it expires.
  • In case you are a married couple you will have around 12 months from the date of your divorce to start the proceeding for property settlement or spousal maintenance lawsuits.

For married couples who are living separately but are not yet divorced have a certain exemption as they don’t need to be concerned with these kind of timeframe. In case you are still married and living separately you can immediately apply for spousal maintenance right after your separation.

Note that this time limit only comes once your divorce order has been granted. This kind of situation varies for different circumstances. And depending on your circumstances it might be helpful for you to apply for the divorce as soon as possible however please do remember that a minimum separation period of one year and one day should be there before you apply for a divorce. Note that the sooner you apply for divorce the shorter timeframe will be given do your spouse for formal application of property settlement or spousal maintenance.

Alternately sometimes when you have the best divorce lawyers Perth, they suggest you to hold off your divorce case to have more and more time for negotiating about property settlements.

Rules For De Facto Couples

For de-facto couples the rules are slightly different from married ones, as they have a timeframe of around two years from the date of separation to start the proceedings for the property settlement or spousal maintenance.

One disadvantage of de facto couples is that there are no legal processing that they have to undergo when they separate so therefore there is no exact date of separation and that is why the time frame is extended in these cases.

As time frame is extremely important in most of the matters relating to family laws a general tendency in case of de facto couple settlement is seeing that one side of the party generally disagrees on the actual date of separation and therefore the time limit in which the claim can be made becomes dubious. During these times these are some of the factors which the court considers to ascertain the date of separation

  • Sleeping arrangements made by the couple before and after their separation
  • Whether there is an existence of an active sexual relationship between the partners.
  • To understand whether the two parties still care for each other or not and who is in charge of the household chores.
  • Question on whether the two involved parties share a meal together or not
  • Checking is done on how the two partners represent themselves to the others and to their friends' families workplaces or other government sectors
  • An investigation is also done on factors like whether the parties have been on vacation together since the day of the alleged separation

Although none of these factors are absolutely conclusive to determine the actual date of separation the code still does consider all these factors to a certain time of alleged separation and the time frame is subsequently decided based on that.

Failing On The Timeline

In case you have failed the timeline to file in the lawsuit you have the last option of making and applying to the court with the consent of the opposite party or with permission from the court.

The court generally grants this type of permission if you can satisfy the court that there might be full a lot of hardships on the party or in case a child is involved if this kind of exemption is not allowed. Or the court might consider if there is an application for spousal maintenance showing that one of the party’s circumstances is such that he or she cannot survive without an allowance or benefit.

These are the situations where property settlement lawyers can arrange the settlement case to your favour giving you your desired justice.

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