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    De-Facto Entitlements by our Sydney Family Lawyer

    Sydney Family Lawyer Gives Insight into De-Facto Break-Ups and Property

    Our Sydney family lawyer deals with many instances of de-facto break-ups. A de-facto relationship receives the same rights as married couples. So, this is for assets and property settlements. The Family Law Act of  1975 administers these rights.

    As such, a relationship is recognised as de-facto if involved parties are:

    • Not legally married
    • Not related
    • Are living as a couple on a genuine basis

    For this reason, the circumstances of determining a de-facto are:

    Factors of a De-Facto Relationship Determined by Sydney Family Lawyer

     

     

     

     

     

     

     

     

     

     

     

    As Sydney family lawyers, we see the the breakdown of partnerships frequently. Consequently, property is often of the most contentious factors.

    At times, one party may dispute that the relationship was in fact not de-facto.

    What to consider according to our Sydney Family Lawyers:

    Timing

    The time frame of a claim against a former de-facto partner is two years.

    The Family Law Act in 2009 saw the most recent amendment regarding de-facto relationships. It was not until after the change that de-facto relationships were to receive the same recognition as married couples. 

    Children

    Ultimately, the care and support of children makes most other factors void. A relationship is recognised as a de-fact after two years. Therefore, the outcome will change if separation occurs within a shorter time frame and a child is involved.

    Binding Agreements (or Pre-Nuptial Agreements)

    In some cases, a couple may have made a legally binding agreement. This was discussed in Pro Pre-Nups As such, assets and property settlements may be distributed based on the agreed upon outcomes.

    The Property Division Process in Brief by our Sydney Family Lawyer

    Before turning to alternative dispute resolution (ADR) or court, partners should attempt to reach an agreement. Meanwhile, a Sydney family lawyer should be consulted if an agreement has been made. This will ensure a fair outcome.

    Hence, ADR methods are more time and cost efficient than courts, so more favourable.

    Out of court methods may include:

     NEGOTIATION

    First of all, the ADR process begins with negotiation. The process involves only both parties. This excludes any neutral third parties. If desired, legal representatives are optional. Negotiation can either be formal or informal.

    MEDIATION

    Secondly is mediation. In this process, a mediator assists both parties in disputing the issue. This mediator also assists in identifying possible options available. This is for all parties involved. Alternatives are considered based on the unbiased choice of the mediator.

    ARBITRATION

    Finally, arbitration is the last stage of ADR. If negotiation or mediation have not been successful, a formal resolution takes place. Parties refer their issue to an arbitrator. It is the arbitrator’s duty to decide on the outcome.

    Court is often the last resort parties should opt for.  However, it may be the outcome following unsuccessful ADR methods. Our Sydney family lawyer has provided a simplified insight into the division process as below.

    Next, the Family Court will considers how property is to be divided. This is decided based on:

    Ownership/Assets

    It is crucial to consider what each party owned before the relationship, or acquired during the relationship. In fact, this includes all assets. Assets may include property, shares or other tangibles/intangibles.

    Contributions

    Taken into consideration are direct and indirect contributions. No doubt, caring for children is a prime example of this. The Court will take into account the individual contributions of both parties.

    Future Needs

    Finally, child custody and other future requirements of both parties are fully considered. Moreover, children and earning capacity are also factors under this category.

    The Court then decides on:

    • the division of assets
    • the transfer of assets
    • ongoing payment of spousal or child maintenance
    • the split of superannuation funds if accumulated (if applicable)

    In any case, a Sydney family lawyers at Prominent Lawyers will help with:

    • Parenting and financial arrangements
    • Parenting orders
    • Family Law Act claims
    • Binding financial agreements
    • Claims against estates of de-facto partners
    • Claims against de-facto partner’s insurance policy

    The comments in the article are general in nature and should not be relied upon as a substitute for professional advice. Thus, anyone intending to apply the information contained in this newsletter should seek their own professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. Presently, this article is issued as a helpful guide to clients and for their private information. As a result, this article should be regarded as confidential and not be made available to any person without our prior approval.

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