Breakdown of Marriage or De Facto Relationship – When Should You Seek for Advice?

Marriage and de facto relationships can end amicably if parties choose to. Sometimes, however there is dispute regarding the division of property or care of children. In circumstances where the marriage or de facto relationship breaks down, it is important for both parties to be aware of their rights and obligation in determining how they would like their properties, assets, and parental responsibility to be divide.

People who are experiencing relationship difficulties often do not seek legal advice until after they have made a number of important decisions. Such delays could cause significant difficulties. Thus, obtaining legal advice before your relationship starts to get difficult and separation is foreseeable is preferable. Neither parties should discuss a proposal for the division of property for settlement or the issue of the children prior to obtaining some sort of advice from a legal practitioner. It is also important to note that by seeking advice early, you can potentially prevent long and expensive litigation in the future.

De Facto Relationship

Financial issues between most non-married partners are either governed by the Domestic Partners Property Act or Family Law Act.

Under Section 4AA of the Family Law Act 1975 (Cth), a person is in a de facto relationship with another person if:

• the persons are not legally married to each other; and
• the persons are not related by family; and
• having regard to all the circumstances of their relationship, they have a relationship as a couple who are living together on a “genuine domestic basis”

There are certain requirements that have to be satisfied by the Family Law Courts before an order for division of property and assets can be granted. Before non-married persons discuss any proposal for resolution of financial issues it is prudent for professional advice to be obtained to ensure that parties of the de facto relationship have satisfied the requirements for division of properties and assets to be granted.

If you would like to find out more about your rights and options on property and asset division or have a Binding Financial Agreement or Consent Orders drafted, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.