De Facto Separations
Understanding De Facto Separations
A de facto relationship is a relationship between two people who are not married but live together as a couple. De facto separations involve the breakdown of such relationships and can have legal implications, especially in matters related to property, finances, and children.
Legal Implications in South Australia
In South Australia, de facto couples have similar rights and obligations as married couples under the Family Law Act. This includes issues such as property division, spousal maintenance, and parenting arrangements.
Property Division
When a de facto relationship ends, assets and liabilities acquired during the relationship may be subject to division between the parties. This process can be complex and may require legal assistance to ensure a fair outcome.
Spousal Maintenance
One party in a de facto relationship may be entitled to spousal maintenance if they are unable to support themselves financially post-separation. Factors such as income, earning capacity, and standard of living are considered in determining spousal maintenance.
Parenting Arrangements
De facto separations involving children require careful consideration of parenting arrangements. The best interests of the child are paramount, and factors such as parental responsibilities, time spent with each parent, and child support may need to be resolved.
Frequently Asked Questions
1. How long do you have to be in a de facto relationship to be considered as such?
In South Australia, a de facto relationship is generally considered to have existed for at least two years. However, exceptions may apply if there is a child of the relationship, a formal declaration of the relationship, or significant contributions made by one party.
2. Can property acquired before the de facto relationship be subject to division?
Yes, property acquired before the de facto relationship can be considered in the division of assets if it has been used for the common benefit of the parties during the relationship. Each case is unique and may require legal advice to determine the extent of property division.
3. Do de facto couples have the same rights as married couples in South Australia?
Yes, de facto couples in South Australia have similar rights and obligations as married couples under the Family Law Act when it comes to property, finances, and children. Seeking legal guidance can help ensure your rights are protected during a de facto separation.
Contact Wright Street Lawyers for De Facto Separation Assistance
If you are facing a de facto separation in Adelaide, South Australia, Wright Street Lawyers can provide you with client-focused legal advice and representation. Our team specialises in family law and can assist you in navigating the complexities of de facto separations. Contact us today to schedule a consultation.
