What Will Be The Legal Effects On Property Rights After The De Facto Relationship Ends In Australia?
Do you know that separating de factor couple also have the same property entitlements and rights similar to married couples? In this blog, get to know about the legal effects on property rights after the de facto relationship ends.
About de facto relationship
A de facto relationship is when two people are living as a couple on a genuine domestic basis. You can be of the opposite or same-sex and must not be related or married to each other. If you are staying anywhere in Australia, the Family Law Act applies to de facto relationship entitlements. Therefore, if you were in a de facto relationship, you will have the same property settlement rights under Australian law. In case you need some help, the Family Lawyers Perth can provide the right assistance.
- What will happen to the property when a de factor relationship breaks down?
From the date of separation, you have two years to claim the property settlement. During this period, you can fill in the application asking for orders to distribute the property. If you do not get your share within two years of separation, you must have permission from the court asking for a claim. But for that, you must prove that you were in a de facto relationship. While the court is distributing the property, the financial condition of both partners will be taken into consideration. The property lawyers have handled many cases in this regard and can assist you.
- Claiming spousal maintenance
Depending on your condition, the spousal maintenance can be claimed after your relationship no longer exists. You cannot survive after the relation breaks, and your partner will take care of your expenses. The entitlement to maintenance will get over if you enter in another de facto relationship or get married.
- How to know if I am entitled to child support?
A family lawyer can tell you if you are entitled to child support. It is possible when you have a joint child from your former partner irrespective of whether you are married or not. A court will tell you to undergo a DNA test to find that the child is yours. Otherwise, if the report does not support that you are the parents of the child, you cannot claim for child support.
- About a binding financial agreement
It is a legal contract or an agreement defining how you and your former partner have agreed to distribute the finances. It also includes things like any right to property, maintenance, etc. Always check your solicitor before you opt for a binding financial agreement. It’s because they are only legally enforceable who can help you in such a situation.
- With whom the child will live?
When you and your partner have a child, it is always better to share parental responsibilities. It can be done with a parenting plan or using the court to make some orders that you both have agreed to. In case you cannot work between yourself, it’s time to hire divorce lawyers Perth. The court will make orders stating the time the child will spend with the parents. At times, the time spent with the extended family member is also indicated. Before announcing any order, the court will read out the entire thing in front of you and your partner. If you agree, you should sign in, but this will not be the case if there is child abuse or family violence.
- If you are a victim of a domestic violence
In case you think you or your child is under threat of violence, it is always recommended to get in touch with the police. The court will give an apprehended violence order if your partner is harassing you or experiencing any ongoing violence. Any order from the court will restrict someone to come near you and your child.
- The social security right de facto couple have
Similar to married couples, de facto couples have the same social rights. It means that if you get separated from your partner, but you have a child, you will receive the assistance. In case your dependent partner or child dies, you will still qualify for a benefit.
Get in touch with the lawyers.
If you are stressed out about your rights, a lawyer can help you. They can provide a piece of advice on your obligations and rights if your de facto relationship breaks. They will guide you to take up counselling and medication process and helps in finding the financial interest of your choice. The lawyers can assist you in getting parenting order from a court, argue and prepare your case, etc. That’s why if your de factor relationship ends and you need some legal help, get in touch with a lawyer.