De Facto Lawyers - Port Adelaide

When considering the legal aspects of any de facto relationship, it is always advisable to seek the advice of a specialised Family Lawyer. Port Adelaide Lawyers are experienced De Facto Lawyers servicing Port Adelaide, Kilkenny and the surrounding areas.

Couples who have ended a de facto relationship (now called a domestic relationship) are, in most circumstances, entitled to be treated exactly the same a married couple when it comes to property and financial matters.

South Australian legislation grants maintenance rights on the breakdown of a de facto relationship.

What is a De Facto or Same Sex Relationship?

The Australian Family Law Court defines a de facto relationship as a relationship between two people living together on a genuine domestic basis. To determine whether a relationship is truly de facto, a court will look at a number of facts. These include:

The duration of the relationship;
Whether a sexual relationship exists;
The existence of a common residence;
The care and support of children;
The reputation and public recognition of the relationship;
Financial dependence;
The ownership and use of property;
The degree of mutual commitment to a shared life;
Whether the relationship is or was registered under the prescribed law as a prescribed kind of relationship

In addition to this the Family Court Act provides that a court may only make property or maintenance orders in relation to a de facto couple in the following circumstances:

There has been a de facto relationship for at least two years; or
There is a child of the de facto relationship; or
A party has made substantial contributions and failure to make an order for property adjustment would result in serious injustice; or
The relationship is a registered de facto relationship under the prescribed law of a State or Territory

This criteria applies to couples in both opposite sex relationships and same sex relationships.

The Family Court determines issues relating to the children of a de facto relationship. The District Court or Supreme Court determine issues relating to the property of the partners in a de facto relationship in a separation.

De facto Relationships & Property Settlements

Property and any financial resources fall within the definition of property under the Act. The law now provides that any person, who is leaving a de-facto relationship, can pursue a De facto Relationship Property Settlement in the same way that a married couple can. This is so regardless of when the property was acquired or by whom. All property whether in individual or joint names will be considered.

The Court will consider the financial and non-financial contributions made by each party and divide the property in a manner that is just and equitable. Non-financial contributions incluse domestic chores and contributions to the welfare of the family and are recognised by the court when considering a division of property.

De facto Relationships & Spousal Maintenance

A claim for Spousal Maintenance can be made in certain circumstances by one or other party of the relationship.

They are caring for a child of the relationship who is under the age of 12. If an order for maintenance is made in these circumstances that order will operate until the child reaches the age of twelve, at which time the order will automatically end.
As a consequence of the relationship their earning capacity was reduced and the party plans to undertake retraining in order to rejoin the workforce. If an order for maintenance is made where a party has lost employment skills, the order is effective for a period of up to three years after the conclusion of the hearing or four years after the conclusion of the relationship (whichever is the shorter period).

If a party receiving spousal maintenance marries, the maintenance order automatically ends. If the party receiving maintenance enters into a de facto relationship, the party paying the maintenance can apply to have the order set aside.

De facto Relationships & Child Maintenance

A claim for Child Maintenance can be made either via the Family Court or the child support agency

Parenting Orders may be sought in the Local Court, the Federal Magistrates Court or the Family Court. The principles that apply to the children of marriages also apply to the children of a de facto relationship.

De facto Relationships & Binding Financial Agreements

If you are about to enter into a new de-facto relationship and want to protect your assets, Port Adelaide Lawyers can assist you in preparing an agreement, similar to a pre-nuptial agreement. These agreements are called binding financial agreements and can offer you the peace of mind in the event that your de-facto relationship breaks down.

Port Adelaide Lawyers can advise you on all aspects of your rights concerning Family Law and Property Matters if your de-facto relationship has broken down.

Our expert Senior Family Lawyer understands the law and how to apply it to your matter. We can advise and assist you in filing orders for court, and assist in drafting and entering into a binding financial agreement.

De facto Relationships and Family Law is a complex process. When considering the legal aspects of your defacto relationship, it is always advisable to seek the advice of an experienced family lawyer. Contact us now for more information.

Our Range of Family Law Services

Property Settlements - Binding Financial Agreements - Consent Orders - Divorce - Child Custody - Child support - Separation - De Facto Relationships - Domestic Violence - Spousal Maintenance

We at Port Adelaide Law are experienced in family matters and can guide you through legal processes relating to relationship property and assets, spousal maintenance and legal entitlements, and care of children. We are absolutely committed to the delivery of specialised, experienced, and high quality family law legal representation to anyone who finds themselves engaged in any form of family law litigation. Litigation that involves your own family is very personal and is best handled with personal legal representation. If you need a family law lawyer in Port Adelaide or Kilkenny you can be assured that representation by us will guarantee you experienced, passionate and caring counsel.