It can be hard to figure out the legalities of a de facto relationship, especially when big changes happen in your life. It's important to know the law when you're looking for help with your rights, duties, or goals for the future. Our team at Collier Family Lawyers Cairns is here to help you understand how de facto relationships work under Australian law.
How to Understand De Facto Relationships
Aussie law says that two people are in a de facto relationship if they live together as a couple but are not married or connected by blood. It's important that the connection is real and lasts, with both people showing they are committed to a shared life. There may or may not be a de facto relationship depending on things like how long the couple has been together, how much money they share, and how much care they give to their children.
In Cairns, de facto couples' rights are treated the same as married couples' rights in a lot of legal areas, such as when it comes to property settlement, financial deals, and child custody. But small differences may come up, which is why it's important to get personalised legal help.
Property Settlement for Couples Who Are Not Married
When a de facto relationship ends, there are often questions about how to divide the property. If a de facto pair meets certain requirements, they can ask for a property settlement in the Family Court or the Federal Circuit and Family Court of Australia.
You must show that you and your partner have been together for at least two years or that you have a child together. You could also show that they made important financial or non-financial contributions during the friendship. Collier Family Lawyers Cairns can help you with these steps and make sure that your assets are split fairly.
Making Plans for Parenting After a Divorce
If there are children involved in a de facto relationship, the main worry after a divorce is still their well-being. Parents are told to work together to make a parenting plan that includes where the child will live, go to school, and other important decisions that will affect their life.
If parents don't agree on what to do, the court can step in and make sure the plans are best for the child. Getting professional legal help can help you handle these situations well while keeping you and your family as stress-free as possible.
Agreements About Money and Planning for the Future
Making a legally binding financial deal is a good way for de facto couples in Cairns to protect their own interests. This document, which is like a prenuptial agreement, spells out how assets, debts, and money will be split if the relationship stops.
A clear and secure financial deal can help both people in a relationship. Collier Family Lawyers Cairns helps clients write and go over these agreements to make sure they meet your needs and are in line with Australian family law.
Gaining Clarity with Frequently Asked Questions (FAQs)
De Facto Relationships can raise several questions. Here are some of the most frequently asked questions we receive at Collier Family Lawyers Cairns:
Most of the time, a de facto relationship needs to last at least two years before the person involved can get rights related to property settlement or spouse support. Relationships where both people have a child together or where both people give a lot of money are exceptions.
Of course, sometimes. For instance, a couple can live apart for personal or work reasons and still show that they are committed to their relationship.
You must make any property or financial claims within two years of the relationship’s end. Acting promptly ensures your rights are protected.
In most areas of family law, de facto couples have similar rights to married couples, especially regarding property division and parenting matters.
Why Should You Pick Collier Family Lawyers Cairns?
Our team at Collier Family Lawyers Cairns knows how hard it can be for de facto couples. Our caring and skilled staff gives you advice that is specific to your needs. We want to help you get the best result possible, whether you need help with settling your property, making parenting plans, or making financial deals.