Understanding De Facto Rights; When Do You Need a Family Law Solicitor?
In Australia, de facto relationships are legally recognised in areas like property settlements, child support, and parenting arrangements.
If you’re in a de facto relationship or thinking about formalising one, it’s important to know your rights and understand how a family law solicitor can help you protect them.
This guide covers the key aspects of de facto relationships and when you might need legal help, especially in family and commercial law matters.
What is a Genuine Domestic Basis?
A de facto relationship is defined as two people, regardless of gender, living together as a couple on a “genuine domestic basis” who are not family members and who are not married to each other. This means that the couple shares their lives as partners, similar to a marriage, but without being legally married. For family law purposes this requires a minimum period of two years cohabitation to evidence the relationship. For the purpose of other areas of law such as immigration matters, the time frame may be less.
You don’t need to have children or own property together to qualify, but you must show a commitment to sharing your life.
Key Factors That Show a Genuine Domestic Basis
Several factors indicate a genuine domestic relationship. Family law solicitors often consider the following when advising on de facto cases:
- Length of the Relationship: A minimum of two years is required to meet the definition of a de facto relationship under the Family Law Act 1975.
- Shared Finances: Joint bank accounts or shared financial arrangements help prove de facto status.
- Property Ownership or Shared Home: Living together or owning property supports claims of a de facto relationship. If you own a business together, then ensure that you have separate business lawyers in Sydney to look after the legal matter of the entity.
- Social Recognition: If friends, family, or the community see you as a couple, it strengthens your case.
- Commitment to a Shared Life: Demonstrating an emotional and physical commitment to each other is crucial.
If your relationship involves certain business-related matters, such as owning company assets or certain business rights, you might need to consult commercial law solicitors to help guide you in de facto cases.
Benefits of Registering Your De Facto Relationship
Registering your de facto relationship can provide clear legal recognition and help simplify matters related to property or child support if the relationship ends. Here are some reasons why registering can be beneficial:
- Proof of the Relationship: Registered relationships provide clear evidence, which can significantly help during disputes.
- Access to Legal Rights: Registration is clear evidence that you have similar rights as married couples, especially for inheritance, superannuation, and healthcare decisions.
- Protection from Disputes: A registered relationship offers legal protection if one partner disputes the existence of the relationship during a separation.
When Can You Register Your De Facto Relationship?
Rules for registering de facto relationships vary across Australia, but generally, both partners must be over eighteen, not married or in another registered relationship, and not closely related by blood and consent to and participate in registration.
De Facto Rights Explained
Let’s take a closer look at defacto relationships:
● Property Settlement
If a de facto relationship ends, property settlement is often a major issue. Under the Family Law Act, de facto couples have the same rights as married couples for property and financial settlements. The law considers factors like the length of the relationship, each partner’s contributions (both financial and non-financial), and future needs.
Consulting a family law solicitor is important in order to protect your interests. They can guide you through dividing assets fairly and explain your rights.
In cases involving significant business interests, business solicitors may be needed to manage complex assets.
● Child Support and Spousal Support
Like married couples, de facto partners may be entitled to child support or spousal support if the relationship ends.
Child support depends on both parents’ incomes and the care arrangements for the children. Spousal support may be awarded if one partner can demonstrate a financial need and the other has the ability to pay.
If your partner has business or commercial interests, commercial law solicitors may need to assess income streams or assets that could affect support payments.
● Parenting Orders: Putting Children’s Best Interests First
In de facto relationships involving children, disputes about custody and parenting arrangements can arise. Family solicitors help navigate the legal process to establish parenting orders that are in the child’s best interest. Parenting orders can address the following:
- Living Arrangements: Deciding where the child will live.
- Parental Responsibilities: Determining who makes decisions about the child’s education, health, and welfare.
- Time with Each Parent: Setting how much time the child will spend with each parent.
Searching for ‘family solicitors near me’ can help you find local experts in Sydney to negotiate these issues and reach fair agreements.
● Binding Financial Agreements: Protecting Your Future
A Binding Financial Agreement (BFA) can help protect your financial interests in a de facto relationship. These agreements, made before, during, or after the relationship, outline how assets and liabilities will be divided if the relationship ends.
A BFA are beneficial because they help avoid long and costly legal battles. You can hire legal experts to draft a binding financial agreement. They’ll consider all factors and draft an agreement that protects your legal rights and assets.
So, start searching for family or ‘commercial lawyers near me’ (if business assets are involved). Hiring them will ensure that your financial agreements align with Australian commercial law or family law.
How Can a Family Law Solicitor Protect Your Rights?
Given the complexity of de facto relationships and the legal rights involved, seeking help from a an experienced Sydney family law solicitor is essential. Whether you’re dealing with property settlements, child support, or financial agreements, they ensure your rights are protected and that you understand the impact of each legal decision.
If you have business interests, you might also need help from business solicitors with expertise in both family and corporate law.
Corporate law firms can provide additional support for those managing business assets during separation.
In Conclusion
Understanding your de facto rights is essential if you’re in or leaving a de facto relationship. Whether dealing with property settlements, child support, or parenting arrangements, a family law solicitor offers valuable guidance. Don’t hesitate to seek legal advice, especially if you have business interests or complex assets, where support from commercial lawyers with expertise in commercial law Australia can be vital. Knowing your rights and responsibilities helps ensure a fair resolution, allowing you to move forward armed with knowledge and with peace of mind.
