De Facto Relationships

1. Introduction

A de facto relationship is a legally recognised relationship between two people who are not married but live together on a genuine domestic basis. In South Australia, de facto relationships are governed by the Family Relationships Act 1975 and the Family Law Act 1975 (Cth).

De facto relationships can exist between people of the same or different sex and require a level of commitment similar to marriage. It is important to understand that not all domestic relationships qualify as de facto relationships under the law.

When a de facto relationship breaks down, the parties may have legal rights and obligations similar to those arising from a marriage. This includes property division, financial support, and parenting arrangements if the couple has children.

If you are in a de facto relationship or seeking advice about your rights and obligations, it is crucial to consult an experienced family lawyer who can provide you with tailored advice based on your specific circumstances.

Why Choose Wright Street Lawyers

At Wright Street Lawyers, we have a team of dedicated family lawyers with extensive experience in handling de facto relationship matters. We understand the complexities involved and are committed to providing you with client-focused legal advice and representation.

Our firm takes a client-centered approach, meaning we prioritise your needs and work towards achieving the best possible outcome for you. We are known for our professionalism, attention to detail, and commitment to delivering results.

By choosing Wright Street Lawyers, you can have confidence in our client-focusedise and our ability to navigate the legal complexities of de facto relationship matters in Adelaide and South Australia.

To discuss your situation and how we can assist you, contact us today at (08) 7111 0000.

2. Our Experience in De Facto Relationships

At Wright Street Lawyers, we have a wealth of experience in handling de facto relationship cases in Adelaide and South Australia. Our team of family lawyers has successfully represented numerous clients in a range of complex de facto relationship matters.

We understand that each de facto relationship is unique, and we approach each case with sensitivity, professionalism, and a deep understanding of the relevant laws and legal frameworks.

Our experience in de facto relationships includes:

Property division: Assisting clients in achieving fair and equitable outcomes when it comes to dividing property acquired during the de facto relationship.
Financial support: Providing advice on financial support entitlements, including spousal maintenance, and representing clients in negotiations or court proceedings.
Parenting arrangements: Helping clients navigate the complexities of parenting arrangements and ensuring the best interests of the child are prioritised.
Legal documentation: Assisting clients in drafting and reviewing binding financial agreements and other legal documents related to their de facto relationship.

Our track record of successful outcomes and satisfied clients speaks to our client-focusedise and dedication in handling de facto relationship matters. We are committed to providing you with the highest level of legal representation and support throughout your case.

To discuss your de facto relationship matter with one of our experienced family lawyers, call us at (08) 7111 0000.

3. The Legal Process Explained

Navigating the legal process of a de facto relationship breakdown can be overwhelming, but with the guidance of an experienced family lawyer, you can have confidence in understanding and navigating the process.

The legal process typically involves the following steps:

Step 1: Initial Consultation

The first step is to schedule an initial consultation with a family lawyer who specialises in de facto relationship matters. During this consultation, you will discuss your situation, provide relevant details, and receive client-focused advice on your rights and entitlements.

At Wright Street Lawyers, we offer an initial consultation where we assess your case, answer your questions, and provide you with a clear roadmap of the legal process ahead.

Step 2: Negotiation and Mediation

In many cases, it is possible to resolve de facto relationship matters through negotiation and mediation rather than proceeding to court. This involves discussions between the parties and their respective lawyers to reach an agreement on issues such as property division and financial support.

Mediation is a facilitated negotiation process where an impartial mediator helps the parties work towards a mutually acceptable resolution. It can be a cost-effective and efficient way to resolve disputes.

Our experienced family lawyers are skilled negotiators and can represent you during mediation, ensuring your interests are protected.

Step 3: Court Proceedings

If negotiation and mediation do not result in a satisfactory resolution, it may be necessary to commence court proceedings. This typically occurs when there are significant disputes regarding property division, financial support, or parenting arrangements.

Our team of family lawyers is experienced in representing clients in court and will advocate for your rights and interests throughout the process. We are skilled litigators and will provide you with strong representation to achieve the best possible outcome.

Step 4: Resolution and Enforcement

Once an agreement is reached or a court order is obtained, it is essential to ensure its proper implementation and enforcement. Our family lawyers will guide you through this process, ensuring that the terms of the agreement or court order are followed.

At Wright Street Lawyers, we are committed to providing you with comprehensive legal support at every stage of the process, from the initial consultation to the resolution and enforcement of your de facto relationship matter.

If you require assistance with your de facto relationship matter, call us at (08) 7111 0000 to schedule a consultation.

4. Your Rights and Entitlements

When a de facto relationship breaks down, it is important to understand your rights and entitlements under the law. The Family Relationships Act 1975 and the Family Law Act 1975 (Cth) provide a legal framework for determining financial matters and parenting arrangements in de facto relationships.

Property Division: In South Australia, the Family Law Act applies to the division of property for de facto couples. The court will consider various factors, including the length of the relationship, financial contributions, future needs, and any existing binding financial agreements.

Financial Support: If one party to a de facto relationship is unable to support themselves adequately, they may be entitled to spousal maintenance. Factors such as income, earning capacity, and financial resources will be considered by the court in determining the amount and duration of spousal maintenance.

Parenting Arrangements: The best interests of the child are paramount in determining parenting arrangements following the breakdown of a de facto relationship. The court will consider factors such as the child’s wishes, their relationship with each parent, and their need for stability and continuity.

It is important to seek legal advice to understand your specific rights and entitlements based on your unique circumstances. Our experienced family lawyers at Wright Street Lawyers can provide you with tailored advice and guide you through the legal process.

To discuss your rights and entitlements in a de facto relationship, call us at (08) 7111 0000 to schedule a consultation.

5. Common Questions About De Facto Relationships

De facto relationships can be complex, and it is common for individuals to have questions about their rights and obligations. Here are answers to some frequently asked questions:

Q: How long do you have to be in a de facto relationship for it to be legally recognised?

A: In South Australia, a de facto relationship is legally recognised if it has existed for at least 2 years. However, there are exceptions to this requirement, such as if there is a child of the relationship or if one party has made substantial contributions.

Q: Can same-sex couples have de facto relationships?

A: Yes, same-sex couples can have de facto relationships. The law recognises and provides the same rights and entitlements to same-sex de facto couples as it does to opposite-sex de facto couples.

Q: Can I enter into a binding financial agreement with my de facto partner?

A: Yes, you can enter into a binding financial agreement with your de facto partner to regulate financial matters in the event of a relationship breakdown. These agreements outline the division of property and financial arrangements and can provide certainty and peace of mind.

Q: What if my de facto partner and I have children?

A: If you have children with your de facto partner, parenting arrangements need to be established following the breakdown of the relationship. The court considers the best interests of the child and aims to ensure their welfare and protection.

If you have further questions or require personalised advice about your de facto relationship, contact our experienced family lawyers at (08) 7111 0000.

6. Local Adelaide Considerations

Adelaide, the capital city of South Australia, has its own unique considerations when it comes to de facto relationships. Local factors, such as the cost of living, housing market, and cultural diversity, can influence the dynamics of a de facto relationship breakdown.

Adelaide CBD and Surrounding Suburbs: Property division can be particularly complex in Adelaide due to the city’s diverse housing market. Factors such as property values and affordability in suburbs like North Adelaide, Norwood, and Glenelg may be relevant in determining a fair division of assets.

Local Legislation and Legal Frameworks: In South Australia, the Family Relationships Act 1975 and the Family Law Act 1975 (Cth) provide the legal framework for de facto relationship matters. It is important to work with a lawyer who is familiar with these local laws.

Cultural Considerations: Adelaide is home to a multicultural population, and cultural considerations may arise in de facto relationship matters. Our culturally sensitive family lawyers understand the importance of respecting and accommodating different cultural backgrounds.

At Wright Street Lawyers, we have extensive experience in representing clients in de facto relationship matters in Adelaide. We are familiar with the local considerations that may impact your case and can provide you with tailored advice and representation.

To discuss your de facto relationship matter with one of our experienced family lawyers, call us at (08) 7111 0000.

7. Recent Changes in De Facto Relationships Law

De facto relationship laws are subject to change and evolve over time. It is important to stay informed about recent developments that may impact your rights and entitlements.

Recent changes in de facto relationships law include:

Recognition of same-sex de facto relationships: Same-sex de facto relationships are now recognised and protected under the law, ensuring equal rights and entitlements for all couples.
Amendments to property division: Recent changes have provided greater clarity and flexibility in the division of property for de facto couples. The court now considers a broader range of factors, including non-financial contributions and future needs.
Expansion of binding financial agreements: The scope of binding financial agreements has been expanded, allowing de facto couples to enter into agreements that cover a wider range of financial matters.

It is crucial to seek advice from an experienced family lawyer who stays up-to-date with the latest developments in de facto relationship law.

At Wright Street Lawyers, our family lawyers are well-versed in the recent changes in de facto relationship law and can provide you with the most accurate and up-to-date advice based on your specific circumstances.

To discuss the recent changes in de facto relationship law and how they may impact your case, call us at (08) 7111 0000.

8. Tips for Successful De Facto Relationships Cases

Handling a de facto relationship matter requires careful planning and strategic decision-making. Here are some tips to help you achieve success in your case:

1. Seek Legal Advice Early:

It is important to seek legal advice as soon as possible when you anticipate a de facto relationship breakdown. Early advice can help you understand your rights and entitlements and guide your decisions moving forward.

2. Gather Relevant Documentation:

Collect all relevant documents, such as financial statements, property valuations, and any legal agreements or correspondence related to the de facto relationship. These documents will be crucial in supporting your case.

3. Prioritise Communication:

Effective communication between the parties can help facilitate negotiation and reach a mutually acceptable resolution. It is important to remain open, honest, and respectful when discussing sensitive matters.

4. Consider Mediation:

Mediation can be a cost-effective and efficient way to resolve disputes in de facto relationship matters. It allows the parties to work together with the assistance of a neutral mediator to reach a mutually acceptable agreement.

5. Focus on the Best Interests of the Child:

If children are involved in the de facto relationship, always prioritise their best interests. This includes ensuring their welfare, stability, and continuity in parenting arrangements.

6. Choose an Experienced Family Lawyer:

Engage an experienced family lawyer who specialises in de facto relationship matters. They will provide you with client-focused advice, guide you through the legal process, and represent your interests to achieve the best possible outcome.

Following these tips can help you navigate the complexities of a de facto relationship matter and increase your chances of a successful resolution.

If you require assistance with your de facto relationship matter, call us at (08) 7111 0000 to schedule a consultation with our experienced family lawyers.

9. Prevention and Best Practices

Prevention is always better than cure when it comes to de facto relationships. Here are some best practices to consider:

1. Cohabitation Agreement:

A cohabitation agreement is a legally binding document that outlines the rights and obligations of parties in a de facto relationship. It can help prevent disputes and provide clarity on financial matters.

2. Regular Communication:

Open and regular communication is key to maintaining a healthy de facto relationship. Discussing expectations, financial matters, and any concerns can help prevent misunderstandings and potential conflicts.

3. Seek Legal Advice:

Consulting a family lawyer before entering into a de facto relationship can provide you with a clear understanding of your rights and obligations. They can help you draft a cohabitation agreement and provide guidance on important legal considerations.

4. Financial Independence:

Maintaining financial independence and having separate bank accounts can help protect your individual assets. It is important to have a clear understanding of your financial responsibilities and to avoid becoming financially dependent on your partner.

5. Update Your Will:

If you are in a de facto relationship, it is crucial to update your will to ensure your partner is included in your estate planning. Without a valid will, your assets may not be distributed according to your wishes.

By following these prevention strategies and best practices, you can minimise the risk of disputes and potential legal issues in your de facto relationship.

If you require legal advice on prevention strategies or need assistance with a de facto relationship matter, contact our experienced family lawyers at (08) 7111 0000.

10. Support Services and Resources

De facto relationship matters can be emotionally challenging, and it is important to seek support from appropriate services and resources. Here are some organisations that can assist you:

Legal Aid South Australia:

Legal Aid South Australia provides free legal advice and representation to eligible individuals. They can help you understand your rights and entitlements in a de facto relationship and provide guidance on the legal process.

Relationships Australia:

Relationships Australia offers counseling and support services for individuals and couples experiencing relationship difficulties. They can provide guidance on communication, conflict resolution, and parenting arrangements.

Women’s Legal Service SA:

Women’s Legal Service SA provides free legal advice and assistance to women experiencing domestic violence or relationship breakdown. They can offer support and guidance specific to the needs of women.

Men’s Legal Service:

The Men’s Legal Service provides free legal advice, support, and referrals to men experiencing relationship breakdown. They can help with matters related to property division, financial support, and parenting arrangements.

These organisations can provide valuable support and resources during your de facto relationship journey. Additionally, our experienced family lawyers at Wright Street Lawyers can guide you through the legal process and connect you with appropriate support services.

To discuss your de facto relationship matter or find additional resources, call us at (08) 7111 0000.

11. Next Steps and Getting Started

If you are facing a de facto relationship breakdown or require advice on your rights and entitlements, it is important to take the next steps promptly to protect your interests. Here’s what you can do:

1. Contact Us:

Call us at (08) 7111 0000 to schedule an initial consultation with one of our experienced family lawyers. During this consultation, we will assess your case, answer your questions, and provide you with client-focused advice tailored to your circumstances.

2. Gather Relevant Documents:

Start collecting relevant documents such as financial statements, property valuations, and any legal agreements or correspondence related to your de facto relationship. These documents will be crucial in supporting your case.

3. Focus on Communication:

Effective communication between you and your ex-partner is essential. Try to remain open, honest, and respectful when discussing sensitive matters. If communication becomes difficult, involve your family lawyer to assist in negotiations.

4. Consider Mediation:

If negotiation becomes challenging, consider engaging in mediation. Mediation can help facilitate discussions and reach mutually acceptable agreements, avoiding the need for court proceedings.

5. Engage an Experienced Family Lawyer:

Engage an experienced family lawyer who specialises in de facto relationship matters. They will guide you through the legal process, represent your interests, and work towards achieving the best possible outcome.

By taking these steps and seeking professional guidance, you can navigate the complexities of a de facto relationship breakdown with confidence.