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Breaking Your De Facto Relationship? Know Your Legal Rights After Separation

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Breaking Your De Facto Relationship? Know Your Legal Rights After Separation

Breaking Your De Facto Relationship? Know Your Legal Rights After Separation

Last Updated on July 21, 2021 by EricJones

De facto couples enjoy the same rights in Australia just the way married couples in the country do. So, it might happen that you have decided to break your de facto relationship while residing in Australia. The definition of a ‘de facto relationship; however, has to be made clear to you first. As a result, you will get a clear idea about the pertinent rights that a de facto couple in Australia enjoys.

Definition Of A De-Facto Relationship In Australia

A person is said to be in a de-facto relationship under the Family Law Act of Australia only if they are:

  • Not related to each other through a familial bond
  • Not lawfully into a marital relationship with each other and
  • With due respect to all their relationship-related circumstances, they are enjoying a relationship like that of a married couple. Both of you should be residing together like a genuine couple living a typical family life.

Do you need top-notch legal assistance in relation to the de-facto relationship that both of you are on the verge of breaking? If so, then, get in touch with the best Family Lawyers Perth right now. Remember, that both of you should have lived as a de-facto couple at least for two years to reap the maximum benefits of your pertinent rights.

Existence Of A De-Facto Relationship After The Parties Are Not Living Together

The Family Court of Australia offers flexible rights to a de-facto couple after they are not living together anymore. Both the parties can either get into another de-facto relationship or marital relationship according to their choice. Both the parties will still be considered to be into a de-facto relationship even if they reside at each other’s individual places for a couple of nights a week.

Important Criteria For De Facto Partners

The Family Court of Australia has proclaimed some crucial criteria which every de-facto couple has to meet. Say, for instance, you are a de-facto couple and you have two kids. Aside, it might happen, that both of you resided under the same roof for less than one of the sixteen months from when the relationship commenced actually. In that case, both of you will not be considered to be in a de-facto relationship. The Family Court of Australia has to look up to all these factors before making any decision pertaining to your de-facto relationship.

Genuine Domestic Basis

To prove that both of you are on a genuine domestic basis, both of you need to live under the following circumstances as a de-facto couple.

  • Governmental authorities for social security
  • Statements made by each of the parties into the de-facto relationship and
  • Lenders providing loans to either of the partners of the de-facto relationship etc.

The Family Court of Australia will subsequently assess that both the partners have resided together under each of these circumstances. It is only after that when they will be considered to have lived on a genuine domestic basis as a de-facto couple.

Entitlement To Spousal Maintenance

After you are separated from your de-facto partner? That is not the end of your relationship. You still have the right to apply for maintenance from the end of your de-facto partner. However, you are only entitled to do so in case you are not financially solvent enough to support yourself. The efficacy of the application made for this maintenance will again depend on various factors. Say, for instance, your erstwhile partner’s ability to pay and the genuineness of your needs, etc. Aside, consideration will also be given to the following factors:

  • The impact your de-facto relationship had on your potential to earn an income
  • An acceptable living standard
  • The ability you have to work
  • Your pertinent forms of income, including your potential financial assets and property and
  • Your current age

Again, your partner who is supposed to pay you the maintenance cost might be exempted by the Family Court of Australia. It is when he or she is unable to pay the maintenance in all the aforesaid circumstances where you’re not being able to support yourself.

Essential Components Of A ‘Genuine Domestic Basis’

The imperative components of a ‘Genuine Domestic Basis’ will differ according to the pertinent circumstances of each of the de-facto couples of Australia. Nevertheless, the Australian Family Court will consider the following aspects while deciding on the ‘Genuine Domestic Basis’ of any de-facto couple out there. These include the following:

  • The public attributes and eminence of the relationship in the society
  • The support and care from the end of your children
  • The extent to which you possess a mutual commitment towards each other in terms of living a shared life
  • Whether or not you people possess any joint assets
  • The extent of financial independence or dependence which is existing between both of you
  • The extent to which you or your de-facto partner financially support each other and
  • The duration of your relationship and its type (Whether platonic or sexual)

To be really outspoken, the aspects of a de-facto relationship are complex enough to get a clear idea about. So, it is imperative that you appoint a De facto lawyer in Perth, Australia right now. Depending on how resentful your de facto relationship has become, your lawyer will provide you the choicest legal assistance.

Get the Best Legal Assistance From Family Lawyers In Perth

When a de-facto relationship breaks, none of the partners should be deprived of their entitled rights. The importance of hiring one of the best de-facto separation lawyers in Perth lies in this regard. You can expect the following services from the family lawyer you’ve appointed.

  • Your lawyer will hear about the entire relationship from both of you
  • After this procedure, your lawyer will arrange your case systematically
  • In the end, your lawyer will ensure that both of you can claim your eligible rights effectively. These rights can either be in terms of child custody or property division etc.

So, hurry! Appoint the top Family Lawyers in Perth today! Your family lawyer will make the best of endeavors in terms of entitling both of you to your potential rights even if your de-facto relationship is breaking.

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