March 6, 2024

Comprehensive Guidance on De Facto Separation: Ensuring Fair Asset Division and Financial Support

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Navigating a de facto breakup involves intricate legal considerations, particularly concerning asset division and financial support entitlements. At Kingsford Lawyers, our dedicated team of family law experts specialises in guiding individuals through the complexities of de facto relationship dissolution, ensuring equitable outcomes and robust legal protection.

Why is it important to know your rights?

As a lawyer, clients often ask me “ What are my rights as a de facto? ” I always emphasise to these clients that, on balance, their rights are the same as those of a married couple in Australia. Although, there are some differences:

In a de facto relationship, there are time limits that apply to de facto relationships. Once the de facto relationship ends, both you and your partner have 2 years from the date of separation to finalise property settlement matters or any maintenance application.
Should you miss this window, at an additional cost, you will be required to complete an ‘out of time application’ where you must prove why you were unable to lodge an application to the court in the required time.

Understanding De Facto Relationships and Asset Division

In accordance with Section 4-AA of the Family Law Act (1975), a de facto relationship is established when individuals cohabit on a genuine domestic basis. This encompasses various aspects of shared life, including financial arrangements, property ownership, and mutual commitments. Upon separation, asset division becomes a pivotal issue, requiring meticulous assessment of financial contributions, non-financial contributions, and future needs to achieve a fair and just outcome.

Entitlements in De Facto Separation: Property Settlement and Financial Support

De facto breakup entitlements encompass a range of legal rights and obligations, including property settlement and financial support. Our experienced family law practitioners provide comprehensive guidance on navigating these issues, ensuring that clients understand their entitlements and are equipped to assert their rights effectively. Whether through negotiation, mediation, or litigation, we advocate vigorously to secure optimal outcomes for our clients in asset division and financial support matters.

Navigating De Facto Relationship and Asset Division: Legal Insights

De facto couples face similar challenges to married couples in the division of assets upon separation. Our knowledgeable family lawyers specialise in navigating the intricacies of de facto relationship and asset division, offering strategic advice and steadfast representation to protect our client’s interests. From identifying assets to assessing contributions and negotiating settlements, we leverage our expertise to achieve favorable outcomes for our clients in property division matters.

Which property can someone settle?

The term ‘property’ has a broad interpretation by the Family Law courts. It includes both your assets and liabilities.
More specifically, property can include such items as:

Real estate, whether occupied yourselves or for investment purposes
Cash held in bank accounts
Motor vehicles
Household contents and personal effects
Superannuation
Shares held
Interest of a partner in a partnership
Trust assetsLong service leave entitlements

Comprehensive Legal Support for De Facto Separation

De facto separation involves complex legal considerations that demand expert guidance and advocacy. Our dedicated team of family law practitioners offers comprehensive legal support tailored to the unique needs of de facto couples. Whether addressing property settlement, financial support entitlements, or parenting matters, we provide pragmatic solutions and robust representation to safeguard our clients’ rights and interests throughout the separation process.

Protecting Your Rights with Binding Financial Agreements

Proactively safeguarding your assets and financial interests is paramount in de facto relationships. Binding Financial Agreements (BFAs) offer a mechanism for couples to delineate asset division and financial arrangements in the event of separation. Our experienced family lawyers assist clients in drafting comprehensive BFAs that provide clarity and certainty while mitigating potential disputes in the future.

Conclusion: Expert Guidance for De Facto Separation

De facto separation presents unique challenges that require expert legal guidance and advocacy. At Kingsford Lawyers, we help individuals with de facto breakup entitlements and asset division. We provide strong support and representation throughout the process. Contact us now to schedule a confidential obligation-free chat and start protecting your rights and interests in your de facto seperation.

If you would like to discuss your personal circumstances with one of our experienced family lawyers, please contact our office today on 1300 244 342 or email us at admin@kingsfordlawyers.com.au.

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