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De-Facto Entitlements by Our 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 family lawyers Sydney 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.

Liability limited by a scheme, approved under the Professional Standards Legislation.

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Child Custody Rights for Fathers in Australia

The notion of parental responsibility refers to the duties, authority and influence all parents have in regards to their children, notwithstanding the status of the relationship of the parents. Parental responsibility must be upheld until children are 18 and over. Both parents bear the responsibility.

Governed by parenting orders under the Family Law Act 1975 and administered by the Family Court of Australia, responsibilities extend to the living arrangements of children; time allocated to parents and other family members; different types of parental responsibility; communication between parties; and further facets regarding welfare.

Times of conflict often present parents with difficult situations to deal with. Courts may be responsible of making arrangements in some instances. This will meet the needs of all.

A verbal agreement is as simple as both parties coming to a mutual understanding, on spoken terms. A written agreement further clarifies the terms of the arrangement; however these are not enforceable by law. A Parenting Order must be written, signed  and witnessed by a third party.

Before a Parenting Order is enforced, Courts will consider the following factors in the best interest of the child:

  • Protection from any harm, physical, psychological, mental or other
  • Importance of both parents’ involvement in child’s upbringing
  • Allocation of parental responsibility and determining the duty and role each parent must fulfill
  • Willingness and capability of each parent to meet “allocated” responsibilities

This applies to both fathers and mothers with equal rights. Some may view the law as prejudice against fathers and this is due to the natural physical bond children and mothers have in the early stages of childhood. This bond however does not mean child custody is in favor of mothers- with the law (and science) recognizing the consistency and stable relationships children need from both mother and father figures.

According to our family solicitors, parents can help children in the following ways:

Assurance

During these volatile times, children may be subject to difficult circumstances and the change is coming. Parents must assure their children know they are loved and are acting in their best interest.

Avoidance

In making arrangements or in areas of unpredictability, parents should avoid fighting in front of children or subjecting them to any tension that may arise. In the instance of a discussion, it best both parties address the circumstance in private rather than in front of children.

Communication

Communication is key. This is important in all facets, especially during these circumstances. Parents should frequently communicate with their children about what is happening and the current situation. Parent should also willingly address any concerns children may have.

Support

By offering continuous support, especially emotional support, parents can assist in easing any hardships that may come with the forthcoming arrangements. Providing guidance will provide a sense of comfort and ease and strengthen the bond between parents and children.

For more information from a family lawyer in Sydney and Brisbane, contact us on 1800 PROMINENT.

The comments in the article are general in nature and should not be relied upon as a substitute for professional advice. 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. This article is issued as a helpful guide to clients and for their private information. Therefore, it should be regarded as confidential and not be made available to any person without our prior approval.

Liability limited by a scheme, approved under the Professional Standards Legislation.