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.