February 14, 2019
How De facto relationship is defined by the law?
According to the Australian law, the De facto relationship is defined as the relationship in which two partners of the same or the opposite sex lives together on the genuine domestic basis as a couple. A couple would not have a De facto partner unless they have lived together for the time period of 2 years without separation.
Thus, at the time of separation it is essential that the partners should have the prior arrangements of the assets and the debts that would be divided. This aspect would not require the involvement of court, hence the decision could b taken mutually by the partners. In case, there arises any of the chaos among the partners while having the arrangements, they can appeal to the court for the fair decision making. In many of the circumstances, the spouse maintenance too seems to be paid by the partners.
When there could be made the order for “division of property” in De facto relationship?
As per the sayings of the Family court and Family Lawyers Perth, the mentioned considerations are required to be met by the partners for the better division of the property;
- The de facto relationship should have been lasted for the time period of 2 years.
- Whether there is a child in the relationship.
- If the order to split the property is not made, then one party having the substantial contribution of the financial and the non financial contributions would face the injustice.
- The relationship seems to be registered in the state or the territory with the laws for the registration for the relationships.
As per the sayings of family law solicitors Perth, it is also required to be noted that the laws which are relating to the de facto seems to be consistent across Australia but that too differ in the Western Australian region.
What are included in the relationship property?
The property which is required to be arranged among the partners is required to be well determined by the partners at the time of separation. The things for the same would have the inclusion of the below mentioned:
- The family home
- Boats & Cars
- Personal and the Household items like that of furniture, jewellery and the white goods
- Property & Business Investments
- Money wing on the personal loans and the credit cards
- Debt of the home loan
LEGAL RIGHTS OF THE PARTNERS IN DE FACTO SEPARATION
When it comes to the property settlement, the De facto relationships are merely termed the same as like that of the marriage partitions. But whatever the scenario is, it is much vital that one must be aware of all the essentials or the rights being owned by an individual in de facto separation. You can also consult the De Facto Law Lawyers Perth for getting the knowledge of these in better manner.
- In case you are having a child together, then you can go for claiming the division of property. It is too applicable even if you have not lived together for the time period of 2 years.
- The couples who do not live together for the full time could be still in the de facto relationship. It is majorly considered in the condition when they mix or share their finances. In case you are not sure about the relationship status, you may go for a advice to ensure whether your relationship is defined as the de facto or not.
- It is also to be known by the de facto couples that the division of property in the section comes under the Family Law Act 1975. The law says that there is no difference against the same sex couples when it comes for the division of property based aspect. All of the provisions of the de facto relationship are applied to the same sex couples as well in Australia.
- You are required to be known with the value of the assets, liabilities and the superannuation based aspects. Your joint names are too considered in the scenario. The property could be held by the companies, businesses or the trusts. Value of all should be considered in proper manner in order to have the threat free settlement of the property.
- The earning of the partner is also required to be considered having the inclusion of all the benefits and the employment based entitlements. You are suggested to keep your precious items safe, even in the case you are unaware of the fact that who is keeping what.
- In case you are having a child then determine and think about the time which the child would be spending with you and your partner. Also, the accumulation in respect to the earnings and savings for caring the child is also required to be considered.
For more of the details, you can consult the top family lawyers Perth. They will assist you in the best possible manner.