De Facto Lawyers in Perth – What are your entitlements after separation from a de facto relationship?
In Australia, the de facto law for the de facto separation and de facto property settlement are today, by and large, the same as for the married relationship. The de facto law in Western Australia is included in the Family Court Act 1997 (WA). In Western Australia, the Family Court has got the power to handle parties living in de facto relationships since 2002, and since then the parties in a de facto relationship have got the same rights to get a property settlement and spousal maintenance as married couples. The parties should start an application for financial settlement within 24 months from the date of separation.
A couple is considered to be living in a de facto relationship if they live together like a married couple. To ascertain whether a de facto relationship exists, the Family Court may consider the following factors:
1. The length of the relationship
2. If they live together
3. The nature and extent of their common residence
4. If there is a sexual relationship
5. The extent of financial dependence and support
6. The ownership, use and acquisition of property
7. The degree of mutual commitment to shared life
8. If they care for and support children, and
9. The public reputation of their relationship
It makes no difference if parties are of the same sex.
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In order to be eligible to apply to the Family Court of Australia, one of the parties must be a resident of Western Australia and the parties stayed in Western Australia for one-third of their relationship as a minimum, or the applicant must have made a considerable monetary or non-monetary contribution in Western Australia.
Every de facto financial settlement matter will fall on its own truths and qualities. Hence, it is very significant that parties get appropriate advice about their entitlements and rights from our experienced de facto lawyers in Perth.
The manner the Family Court deals with children born by parents involved in a de facto relationship is not different from the manner it deals with children born by legally married couples. With respect to making decisions regarding with whom the children should live, how much time they should spend with each parent, and the child support payable, the law treats de facto relationships and marriages in the same way.
If you want to discuss your de facto relationship matter with our divorce lawyers, please get in touch with us by phone or email. The De facto law is a field of law that is frequently subject to changes in Federal and State laws. Thus, you should look for advice from our highly experienced best divorce lawyers Perth.