Navigating the end of a de facto relationship can be complex, especially when considering the legal landscape in Adelaide. Unlike married couples, de facto partners in South Australia have specific considerations regarding property, finances, and children when their relationship concludes. This article focuses on the unique legal aspects of de facto separations in Adelaide, including property and financial matters, and how Wright Street Lawyers offers expert representation during such times. For a broader understanding of family law matters, including divorce and property settlements for married couples, please visit our main Family Law Adelaide page.
Understanding De Facto Relationships in South Australia
In South Australia, a de facto relationship is generally recognised when two people, who are not married to each other or related by family, live together on a genuine domestic basis. The Family Law Act 1975 (Cth) extends its provisions to de facto relationships, meaning that many of the same legal principles that apply to married couples in separation also apply to de facto couples. However, there are nuances specific to de facto relationships that require careful attention.
For a de facto relationship to be recognised for property settlement purposes, it typically needs to have lasted for at least two years, or there must be a child of the relationship, or one partner has made significant contributions to the property or welfare of the other, and a failure to make an order would result in a serious injustice. These criteria are critical in determining eligibility for legal remedies following a breakdown.
Establishing a De Facto Relationship
Proving the existence and duration of a de facto relationship often involves examining various factors. These might include the duration of the relationship, the nature and extent of a common residence, whether a sexual relationship exists, the degree of financial dependence or interdependence, the ownership and use of property, and the public aspects of the relationship. Gathering evidence related to these points is crucial when seeking a property settlement or other orders.
Property and Financial Settlements in De Facto Breakdowns
When a de facto relationship in Adelaide ends, the division of property and financial resources follows a similar four-step process to that of married couples. This involves identifying and valuing all assets and liabilities of the relationship, assessing the contributions made by each party (financial and non-financial), considering future needs (such as age, health, income capacity, and care of children), and finally, determining if the proposed division is just and equitable.
Property can include real estate, superannuation, bank accounts, investments, vehicles, and personal belongings. Debts, such as mortgages, loans, and credit card balances, are also taken into account. The process aims for a fair outcome, but ‘fair’ doesn’t always mean an equal split. The individual circumstances of each relationship breakdown significantly influence the final division.
Superannuation and De Facto Relationships
Superannuation is treated as property in de facto relationship breakdowns under Australian family law. This means that superannuation entitlements can be split between separating de facto partners, similar to how other assets are divided. This is a vital consideration, particularly for long-term relationships where one partner may have significantly less superannuation due to childcare responsibilities or career breaks.
Children and De Facto Separations
When children are involved in a de facto relationship breakdown in Adelaide, the law prioritises their best interests. Parenting arrangements, including where children live and how much time they spend with each parent, are determined based on principles designed to ensure children have a meaningful relationship with both parents, provided it is safe to do so. Matters such as parental responsibility, communication, and financial support for children (child support) are handled under the same legal framework as for married couples.
The Role of Legal Support in Adelaide
Navigating de facto relationship breakdowns can be emotionally challenging and legally intricate. Seeking advice from an experienced Family Law Adelaide firm can provide clarity and support. Wright Street Lawyers assists clients in Adelaide by:
- Explaining the legal framework applicable to their specific de facto relationship.
- Helping to identify and value all relationship assets and liabilities.
- Negotiating property and financial settlements, aiming for an amicable resolution where possible.
- Representing clients in court if an agreement cannot be reached through negotiation or mediation.
- Advising on parenting arrangements that serve the best interests of the children.
- Providing tailored legal solutions that consider the unique circumstances of each case.
Our goal is to help you understand your rights and obligations, ensuring a fair and equitable outcome as you transition to a new chapter. We focus on providing clear, practical advice to help you make informed decisions about your future.
For a comprehensive overview of the broader aspects of family law, including divorce, property, and children’s matters, please refer to our main Family Law Adelaide information page.
