De Facto Relationships and South Australian Law.
De facto relationships are becoming increasingly common in today’s society. In fact in Australia, many couples are choosing to live together without getting married. A common question that is asked to the legal fraternity is what happens when a de facto relationship breaks down? What rights do individuals have when they are not legally married. In this post, we discuss de facto relationships and the South Australian Law.
What is a De facto relationship?
A De facto relationship is a relationship where two people are living together as a couple, but are not legally married. In South Australia, the law defines a de facto relationship as a genuine relationship between two people who are not married but have been living together on a domestic basis for at least 2 years.
When does a relationship become a de facto relationship?
There are several factors that determine when a relationship becomes a de facto relationship. These factors include the length of time the couple has been living together, whether the couple has a sexual relationship, the financial arrangements of the couple, and whether the couple has children.
What happens when a de facto relationship breaks down?
When a de facto relationship breaks down, the couple may need to divide their property and assets. THis process can be complicated, especially if the couple has been living together for a long time and has accumulated a significant amount of assets.
Under South Australian law, de facto couples have similar rights to married couples when it comes to property settlement. This means that if a de facto couple separates, they may need to divide their assets in a fair and equitable manner.
When does a Lawyer become involved?
If a de facto relationship breaks down, it is often a good idea to seek legal advice from a family lawyer like Mahony’s. A family lawyer will help you to understand your rights and obligations under the law, as well as assist you to negotiating a fair and equitable settlement with your former partner.
In addition to property settlement, a family lawyer like Mahony’s will also be able to help you with other issues that may arise from a relationship break down. These other issues include child custody and support, spousal maintenance and domestic violence.
Useful South Australian Websites and Links.
Federal Circuit Court and Family Law Court of South Australia.