When two people have lived together for at least two years without getting married, they are referred to as being in a de facto relationship. De facto relationships are usually established after two years. However, other factors are considered when determining whether they are de facto. And in some instances, they may have already been established before then.
Those in a de facto relationship or close personal relationship who die without a will may be entitled to share the estate. In case you are part of a de facto relationship law Perth. A person who has passed away and has not provided for you in their will may be able to claim financial support from his or her estate. This is because they failed to provide for you in their will.
De Facto Relationships: What Are They?
The following things happen when you are in a de facto relationship:
- It is not a legal marriage between the two individuals;
- The two people do not have any family ties;
- As far as all circumstances of their relationship are concerned, they are in a genuine domestic relationship.
According to the Family Court Act, once a de facto relationship ends, you have two years to apply for maintenance or a property settlement. Settlements can only be made after two years with the court’s permission. You can take the help of a de facto lawyer so that you can take the best legal advice.
Formalizing a separation by de facto can be accomplished in two ways:
In the Family Court, applications for consent orders may be filed to settle property disputes, make arrangements for children, and determine de facto partner maintenance.
You may use a Financial Agreement, but it applies only to financial matters (i.e. not to children). In Financial Agreements, the parties must obtain independent legal advice, as there is no court oversight.
What is the best way to prove a de facto relationship in Australia?
A common method of proving that you live with your partner is to prove that you have the same residential address – this is known as “cohabitation”.
It is usually possible to establish this by providing the following evidence:
- A Property Lease Or Ownership Document (E.G. A Title Deed, A Rate Notice, Or A Mortgage Document)
- The Sharing Of Bank Accounts Or The Transfer Of Funds
- Household Bills (Such As Electric, Gas, Telephone, Insurance, Etc.)
- You Can Receive Postal Correspondence At The Same Address, Whether Or Not You Are Both Addressed To It.
Property Division In A De Facto Relationship
It may be appropriate for you to file a claim against the property of the relationship. Or against your ex-partner’s property (regardless of whether the property was acquired before or during the relationship). This can be accomplished by either:
- Having a two-year genuine domestic relationship.
- Having a child together
How Can A Divorce Lawyer Help You?
To win the case, the Divorce Lawyers Perth WA will be necessary to arrange and present the divine facts properly and skillfully. Different de facto law professionals are here to protect assets in de facto relationships under binding financial agreements. Divorce lawyer Perth are the most recommended due to their capability to determine first and foremost the nature of your case followed by implementation of cutting-edge legal strategies and ideas.