De facto relationships and the laws surrounding them are often misconstrued and confusing. You need the help of experienced de facto lawyers who have handled family law matters and understand the Family Law Act 1975. At James & Jaramillo, our team understands what this case could mean to you and your future, so we will work tirelessly to get you the best possible outcome.
You need not look any further when searching for de facto lawyers for property settlement rights. Having experienced lawyers thoroughly familiar with the Court system on your side is crucial. If you need representation in such matters, we can help you get the best results for your situation.
Many factors go into de facto representation and ensuring you have the proper support to build a solid case. But first, you need to confirm that your relationship meets the de facto criteria.
Unwed couples must meet several criteria for the Courts to consider them a de facto relationship. The Court considers several factors when determining whether a relationship is de facto, which is not a simple decision. Married couples who are not de facto must enter a different legal process to resolve their separation.
Determining how long you were in a relationship will impact the Court decision. For example, if you were together for more than two years, it would typically fall under the definition of de facto. There are time limits in determining whether this will affect a potential ruling.
Believe it or not, the public eye may sway the Court either way on a ruling. How the public perceives your relationship affects the Court’s decision. If others thought you were in a long-term relationship, there would be witnesses to support your case.
Additionally, if you registered your relationship in a state or territory within Australia, it would pass the de facto test. An official record would exist in that case, and the status of the relationship could be more easily proven by our de facto lawyers.
If the answer is yes, the Court may determine the relationship is de facto.
Further, if a child came from this union, and both parties contributed to caring for that child or children. The property would ideally be fairly distributed among the parental parties. With the help of de facto legal experts, you would figure out whether one party caring for that child were to walk away empty-handed. This would be an injustice on the part of the Court.
Whether there have been finances contributed has a bearing on the Court’s decision. If either party has substantially contributed to the other financially or contributed in a way that isn’t financial but substantial, it can impact the case. Experienced defacto lawyer Sydney can help you build a case based on your situation.
Financial dependence or interdependence is an essential factor. For example, if funds were lent to cover expenses, or if one person is working and the other has been working to cover the household bills.
Another contributing factor when a defacto lawyer Sydney is determining the status within a relationship would be how intertwined their lives have become. If one has become dependent upon the other, and they’ve shared themselves wholly with one another, this may not be a traditional marriage. However, it could still appear to be similar.
When you work with de facto legal experts at James & Jaramillo, you can expect our team to listen to your concerns and guide you through what to expect before we file anything. Our experienced legal team will help you determine if a de facto relationship exists, what your best options are, and what you can expect each step of the way.
Passing the stress test in determining whether a relationship is de facto does not make for an automatic ruling by the Court. We understand that there’s more involved with each de facto case and how to divide your property equitably. Our team will work with you to get the best possible outcome for your situation, whether you require a team of experienced child custody lawyers or simply want to determine what your options are.
We understand that ending any relationship is challenging and often painful, especially concerning parenting matters. Our Sydney family lawyers team will do everything possible to make it easier for you and answer your questions to ensure you make fully informed decisions.
With a free consultation and a team of de facto lawyers in Sydney that have the strength you need, we stand by our ability to handle your case. We’ll help you navigate the difficulties of the Court system, and we will help you determine how to pursue best the property rights you seek in family Court.
If you need a de facto lawyer Sydney, you’ve come to the right place. We deliver outstanding results.
Suppose you were the primary carer in the Defacto relationship. In that case, you can claim child support under the Child Support (Assessment) Act 1989 (spousal maintenance). Speak to our experienced spousal maintenance lawyer team for more information!
Since March 2009, De facto couples are now allowed to have their property dispute matters seen by the Court under the Family Law Act 1975.
There is no set threshold upon which the Court determines whether a defacto relationship exists. Rather the Court is required to take into a number of factors. These matters include:
– Whether the couple are or were married;
– How long the couple have been together in their relationship;
– Whether the relationship was sexual in nature;
– Financial dependency;
– The degree of a mutual commitment to a shared life;
– Whether the relationship is registered in an Australian state or territory;
– Property ownership and use;
– Care and support of children;
– The public aspects of the relationship, such as reputation.
Delve into our comprehensive guide for an in-depth analysis of all facets of De Facto Relationships in NSW. For further insights, feel free to browse through our additional resources in our dedicated law blog.
Before you can make an application to the Courts you need to ensure that you meet the definition of de facto. That is, you should be able to prove some of the following:
– Your relationship lasted for at least two years; or
– There is a child or children of the relationship; or
– A Degree of financial dependence
– You have made substantial financial or non-financial contributions to the other person’s property;
– A serious injustice would be caused to you as a homemaker or parent if property was not divided; or
– The de facto relationship was registered in a state or territory.
Even if you are in a defacto relationship the Court will not make an order for property distribution unless it is of the view that it would be just and equitable to do so. In some relationships that are short or inconsistent the Court may come to the view that it should not intervene or make an order.
You should receive proper legal advice before making an application under s90SM of the Family Law Act. At James and Jaramillo we have a wealth of experience in dealing with matters concerning contested defacto categorisation and associated property claims.