What Are Your Legal Rights If Your De Facto Relationship Breaks?

June 12, 2020    divorcelawyersperthwa
What Are Your Legal Rights If Your De Facto Relationship Breaks?

According to Section 4AA of the Family Law Act of Australia, the term ‘de facto relationship’ has a broader definition. It implies the relationship between two people of the opposite or same-sex who are sharing a common household. In Australia, a de facto couple enjoys the same rights and privileges just like a married couple does. These include the allocation of the various assets and belongings and their maintenance. Conversely, the duo won’t be considered a de facto couple if they are married or share a kinship bond.

Factors that define a ‘genuine domestic basis’

Different de facto couples in Australia stay under different circumstances. So, quite naturally the definition of each of their ‘genuine domestic basis’ will also vary accordingly. In spite of this, the Family Court of Australia considers certain factors related to the definition of ‘genuine domestic basis. These include the following:

  • The viewpoint of general public about their relationship and the kind of eminence it has in the society.
  • The support and care the couple is providing to their kids.
  • The level of mutual commitment the couple share with each other.
  • Whether or not both the partners share a few assets and belongings collectively
  • The degree of monetary independence and dependence both the partners share with each other.
  • The extent to which both the partners provide each other a financial backup.
  • The duration and nature of your relationship i.e. sexual or platonic.

It might happen that the de facto couple has to encounter some disputes regarding their children. When that happens, the duo can get legal assistance from the Family Court of Australia or the Federal Circuit Court.

What if the couple stays apart? Will they still be called a de facto couple?

Yes, in spite of not living together, the couple will still be addressed as a de facto couple. Both of them simply need to stay together for a couple of nights during a week, that’s it. Conversely, staying apart completely from each other for a long span can inflict the de facto couple’s relationship. To be a bit more specific, Australian Family Court imposes a particular criterion.

What’s next?

According to this, the couple cannot stay in the same household for less than 16 years of their relationship. This rule applies only to those de facto couples having two children. The couple will also be considered to share a de facto relationship if they can meet some other conditions effectively.

These require both the parties to make compelling statements to the government and money lenders about social security and, loans.

The reason

Then, the Family Court of Australia will ascertain the compatibility of the de facto couple under these circumstances. They also want to ensure that whether the couple is committing these acts from the same household or not. If you want to get comprehensive information related to these facts, then, contact the De facto lawyer of Australia.

Entitlement of Maintenance

It may be the case that you are incapable of providing proper maintenance to your de facto partner. When that happens, you have the right to apply for the maintenance of your de facto partner. The successful accomplishment of your application will depend on certain factors. These include your age, your former partner’s capacity to pay back, you specific requirements and things like:

  • Whether you are able to earn optimally as a result of your de facto relationship.
  • The extent of your earning, properties and assets.
  • The degree of your capacity to earn
  • A reasonable living standard which both the parties had enjoyed.

The Family Court of Australia will evaluate your de facto partner’s capacity to pay back the maintenance costs on time. They also require your de facto partner to pay back his/her maintenance costs under the circumstances stated above .You won’t be able to apply if your de facto partner cannot meet any of these requirements.

Registration of your de facto relationship in Perth, Australia.

A number of places in Australia including Perth allow its citizens to register their de facto relationship. Any de facto couple can apply over here regardless of sex, i.e. same or opposite sex couple. Besides, the couple has to meet the below given conditions so as to become eligible.

  • Either or both of them cannot be under 18 years of age.
  • Any of the partners must not be married.
  • They shouldn’t have a blood connection between each other.
  • One of them shouldn’t be involved into another de facto relationship.

This should be followed by the lodgement of a statutory declaration along with the main application. After the approval of the registration, the couple will receive a certificate like document. This type of certificate appears quite similar to a marriage certificate, ascertaining the legitimacy of their de facto relationship.

A glance at the property splitting orders

After you break up with your de facto partner, you must consider the splitting of properties equally amongst you two. In this regard, the Family Court of Australia allows the duo to opt for the allocation of only the worthwhile assets and belongings. This includes the division of the superannuation account shared by both the partners collectively. Besides, the couple hast to become eligible to do so by meeting the conditions given below.

  • The de facto couple must enjoy a registered relationship according to the legal protocol of a valid Australian state/territory.
  • The de facto couple must have kids.
  • What’s more, the duration of the relationship between the de facto couple shouldn’t be less than 2 years and
  • Both the partners must have made equal contributions when evaluating their custody and property related claims. After ascertaining that, the Family Court of Australia will send an official order accordingly.

Do you want to get more useful tips and advice on the property orders of de facto couples? If yes, then get in touch with a team of proficient Divorce Lawyers Perth, right now.

Meet a team of skilled legal advisors

The moment you meet the best divorce lawyers Perth, you can expect high-quality legal services from them. They will leave no stone unturned to entitle you to your legitimate claims even after your de facto relationship breaks. So, to avail their matchless services, contact the finest divorce lawyers Perth today.

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