What Are the Common Legal Challenges in De Facto Separation?

The end of a de facto relationship can be as emotionally and legally complicated as divorce. Nonetheless, unlike married partners, de facto couples often encounter further challenges on their way to proving their relationship and achieving fair results. As someone living in Perth or within Western Australia, it is essential to know your de facto relationship rights in Perth and the general legal issues that a de facto breakup may face.

We’re going to discuss the legal barriers most of us face once we split with a de facto partner, and why obtaining a competent de facto lawyer in Perth is essential to safeguarding your rights.

1. Identifying the De Facto Relationship

The first legal problem is to ascertain whether the relationship qualifies according to the definition under Australian family law. A de facto relationship is usually accepted when:

• The couple has been cohabiting for two years or longer, or
• There is a child of the relationship; or
• The relationship is registered or
• One of the partners has made a substantial financial or non-financial contribution.

However, not every time is it so easy to create a de facto relationship. Issues such as pooled money, property, and perceptions of the relationship in the eyes of others can be contested. That is why consulting the services of a de facto separation lawyer is important. The court may need to determine if your relationship satisfies the conditions in the law before considering any property or parenting concerns.

2. Splitting of Property and Assets

Splitting of property disputes on separation is probably the most prevalent issue. De facto couples are equal to married couples in the eyes of the Family Court, i.e., property settlements are made on the basis of:

• Monetary and non-monetary contributions
• Future needs (age, income, and responsibility for care)
• Equity and fairness

But without a certificate of marriage, it is harder to determine who owns what. Assets are not divided, and financial arrangements cause insecurity and dispute. Family law solicitors Perth can assist couples with this and do it correctly.

3. Spousal Maintenance Claims

Just like in marriage, a partner can be awarded spousal maintenance when a de facto relationship breaks down. Where one party is not capable of meeting their reasonable living expenses and the other can do so, then maintenance will be provided.

This will be a matter of law in terms of defining qualifications or what is considered to be reasonable. In this case, it is better to seek the services of Perth family lawyers who know how their local courts interpret and apply these terms.

4. Parenting Orders and Child Support

De facto children have the same legal rights as those in married couples. De facto break-ups, however, commonly result in disputes over:

• Parenting duties
• Living arrangements
• Child support obligations

Having these issues resolved entails a child-focused solution and compliance with the Family Law Act. Recording the agreement properly is also crucial so that problems are not raised later. That is why people frequently obtain the services of family lawyers Perth WA, when bargaining parenting arrangements or seeking a court order in case it is required.

5. Legal Action Time Limits

Few know that de facto partners have short timelines to obtain court orders for spousal maintenance or property settlement. You need to apply within two years of the breakup; otherwise, you could lose your legal entitlements except insofar as the court gives leave in exceptional circumstances.

Missing this deadline is among the most significant legal hurdles. To prevent this, getting early de facto separation legal advice is the paramount priority. They are able to evaluate your case and facilitate the necessary legal actions to be taken within the time frame specified.

6. Disputes over Superannuation Splitting

Superannuation is property of the Family Law Act and may be split between de facto couples at the moment of their breakdown. However, assessing and establishing values of superannuation interests can be a complex task.

Not many people even realise that they might be entitled to receive a portion of their partner’s super. With assistance from the best family lawyers in Perth, you’ll be able to determine your entitlements and secure your financial future.

Wrapping Up

De facto separation raises legal issues such as establishing relationships, division of property, and the welfare of children. Every case is different, and omitted information can cause financial or emotional hardship.

In Western Australia, expert legal advice is essential. Skilled Perth family lawyers are able to protect your rights and illuminate your way. For expert advice on separation, seek Family Lawyers Perth WA.