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Know Your Rights
McVittie Legal is here to help with separation arrangements for your de facto or same sex relationship. Since 2008, we have been helping clients in Alstonville and the Northern Rivers with property settlement issues for de facto and same sex couples.
Under the Family Law Act, all de facto couples have the same rights as married couples when it comes to the distribution of property. Same sex relationships are included in the definition of de facto couples.
De Facto Relationships
The court will determine whether a couple was considered in a de facto relationship by looking at:
- The length of the relationship
- The living arrangements
- Whether there is/was a sexual relationship
- The way finances were arranged
- Whether you owned property together & how you bought it
- Whether your relationship was registered under state or territory law
- Whether you had or cared for children together
- The way you presented your relationship in public
De facto couples don’t need to go through a formal separation process, but you can still apply for a property settlement dispute. You must be able to demonstrate that you have either lived together in a relationship for at least two years, have a child together or if you have made a substantial contribution to the property or finances of your partner.
You must apply for property and maintenance issues to the Family Court within two years of separation, but applications in relation to your children can be made at any time. If you are able to come to an agreement on how to divide your assets, our experienced solicitors at McVittie Legal can create a consent order for you. This prevents your ex-partner from changing their mind or ask for more assets in the future.
We can also assist in creating a cohabitation agreement prior to entering a de facto relationship, which sets out how your assets will be divided if you do separate in the future. A cohabitation agreement becomes void once the couple is married, but this agreement can help prevent future disputes that could lead to costly and time-consuming litigation.
Same Sex Marriage
Same sex marriage was legalised in Australia in 2017, and all same sex marriage that are recognised in Australia can access the divorce system regardless of when the marriage was solemnised. Prior to marriage, our solicitors can draft a prenuptial agreement, which divides your assets if you decide to divorce. The divorce system in Australia requires the couple to separate for more than one year, demonstrating the “irretrievable breakdown” of your marriage. You must also apply for property settlement within one year of your divorce becoming final.
At McVittie Legal, we understand that going through separation of any relationship is an emotional and stressful time. We aim to resolve all disputes in an amicable fashion and help you avoid costly court fees through mediation.
For more than 12 years, we have provided our clients with expert family law advice to achieve the best possible outcome. Our strong reputation is the result of our extensive legal knowledge, experience and relationship with our clients. Whether it’s legal assistance prior to entering a relationship or after separation, McVittie Legal is here to help.
If you need experienced family lawyers you can trust, call us today to discuss how we can help you through your legal troubles.