Family Lawyer Advice – Your Legal Rights in a De Facto Relationship
Family lawyers provide invaluable assistance for clients navigating complex legal matters such as separation, child custody arrangements and parenting plans that prioritise children’s best interests.
Proving you were in a de facto relationship can be tricky. To assist with proving this fact, evidence such as joint bank accounts or rental agreements may help show proof of de facto status.
How do I know if I’m in a de facto relationship?
People in de facto relationships have access to the Family Courts, just like married couples; however, determining if two parties are part of a de facto relationship can be more challenging.
Living together and sharing expenses are primary indicators of de facto relationship status; proof could include joint lease agreements, bills titled in both names and correspondence addressed to both parties at their same address.
Evidence could include letters from friends and neighbors, photographs and evidence of shared lifestyle. Although de facto couples don’t enjoy all of the rights enjoyed by married couples, they still can make a claim for property settlement.
Do I need to register my de facto relationship?
De facto relationships that have existed for at least two years are treated similarly to married relationships by law, making life simpler when applying for property settlement or spousal support after separation.
Evidence of shared living arrangements includes joint bank accounts, mortgage or rent payments made jointly, significant purchases like cars or houses made together as well as length of time spent together and consistency of living arrangements.
Getting expert legal advice when you are uncertain of your legal status is of vital importance. At our family law firms, our family lawyers offer invaluable guidance through the process of identifying rights and obligations related to de facto relationships.
What are my rights if I’m in a de facto relationship?
De facto relationships can have an enormous effect on family law issues such as property settlement and parenting disputes, yet their legal regulations vary depending on where the relationship takes place.
In certain areas, de facto relationships may be treated in the same manner as married or civil union couples – meaning you could share equal rights and responsibilities when it comes to property and parenting matters.
When determining whether there is a de facto relationship, the court takes several factors into consideration, including full or part-time cohabitation, financial dependence and public commitment. Furthermore, duration is an integral factor.
How do I make a property settlement agreement?
Property Settlement Agreements (PSAs) are legal contracts that outline how an unmarried couple will divide their assets and liabilities upon separation or divorce. Once your relationship is over, these legal contracts become part of your final divorce decree and become legally binding as binding parts.
Your PSA should address all important financial aspects of your relationship. This includes details like how you will divide assets such as cash, cheques, savings and checking accounts, certificates of deposit, money market accounts stocks and bonds as well as joint debt obligations and who pays attorney’s fees and costs incurred from joint legal matters and real estate expenses.
How do I make a parenting arrangement agreement?
Parenting arrangements (or custody agreements) provide details on how you and your former partner will care for your children after separation, including who will house each child, their daily living schedule and when each of you can visit your children together.
Family lawyers can help you draft an effective plan. They may recommend either negotiating a settlement agreement with your former partner or filing court proceedings against them.
Planning ahead when creating a parenting plan requires taking into account details like how disagreements over future decisions (like bedtimes or tattoos/piercings are allowed) will be resolved, as well as including information about expenses not covered by child support payments and how expenses not covered will be managed.
How do I make a court order?
Family law attorneys offer invaluable legal support during difficult processes like divorce and custody battles. In addition, they can handle important documents like prenuptial agreements and estate planning documents.
Proving their relationship to the Court is often the greatest hurdle facing de facto couples seeking financial benefits like property settlement and maintenance payments.
Mediation or negotiation, our family lawyers can help find alternative means of resolving your dispute outside of the court system. In cases where an agreement cannot be reached, however, court proceedings may become necessary; should this happen, our family lawyers will represent you to ensure an equitable resolution is obtained.