Knowing the constitutes of a de facto relationship seems a bit tricky; however, there are numerous variable factors. You’ll have to understand the processes involved in the division of property, the legal entitlements, along the constitutes of “property.” A de facto relationship is a term used for couples who aren’t legally married, yet they are entitled to similar rights to that of a married couple. The couple can be a same-sex couple or a couple of the opposite sex. To be entitled as a de facto, a couple will be required to live together on a regular and real domestic basis. In several cases, the couple has to live together continuously for two or more years without any separation. Even a married person can stay in a de facto relationship with another person.
What are the factors that can define a de facto relationship?
Defining the validity and the length of a de facto relationship is challenging due to the absence of marriage date. Besides, you can register our relationship formally via the registry of marriages and death in your territory and state. You’ll be entitled to a certificate that’s helpful in the verification of a couple’s relationship. A family law specialist can help you throughout the process of family law de facto property settlement.
Family matter lawyers can consider several factors to determine the existence of the de facto relationship.
- The duration of a relationship
- Living arrangements
- Existence of a sexual relationship
- The couple’s financial interdependence
- Uses or ownership of joint property
- Registration of a relationship under state law
- The support or care required for children
- Public aspects of any relationship
According to the provisions of the Family Law Act, before starting the settlement proceedings, you must meet any of the following conditions:
- The duration of the relationship must be of at least two years
- Whether there’s any child from this relationship or not
- If any substantial type of financial contribution has been made during the relationship
- Is the relationship registered under a de facto law governed by the territory or state?
- One-third of any de facto relationship has been spent within the same state.
Child matters or any application for property can be carried out within a family court located in WA. You should consider finalizing settlements right away post-divorce as time limits are applicable, especially if you have to visit a court to receive any consent or order. According to the Family Law Act, this settlement should be completed within two years from the date of separation. Couples who fail to do so will be required to send a court notice to get a property. However, when it is a married couple, the time limit is twelve months after divorce. A binding financial agreement will be necessary to formalize this agreement with your spouse. Besides, a binding financial agreement consists of all the details that can be helpful during the division of your property. You can obtain legal help or advice from a reliable attorney.