Key Factors That Influence De Facto Relationship Separation Entitlements


Men and women who are looking into the subject of de facto relationship separation entitlements will want to know some of the key details before they proceed with legal action.

The Family Law Act of 1975 would help shape many of the regulations and stipulations that dictate how these arrangements are handled, providing provisions that are a level below an official marriage between two consenting parties.

To be abreast of the process and to be informed about what entitlements are in play, it is worthwhile considering what factors are examined in detail by the legal system before dividends and possessions are provided.


Nature of the Relationship

It can be a difficult and ambiguous topic to discuss in an official matter, but when it comes to de facto relationship separation entitlements, the nature of the time spent together is fundamental. Whether this was a sexual relationship, if there was an open relationship where other involvements occurred and to what level the pair were committed to one and other will be considered.


Duration of the Relationship

The duration that was spent together as a couple will play into the decision that is handed down with de facto relationship separation entitlements. If there were breaks taken in between where the couple were off and on, those aggregated periods will be considered as part of the criteria. If the time spent together lasted a minimum of 2 years uninterrupted, then there are certain rights that can be afforded to both parties with division of assets and property acquisition.


Involvement of Children

The inclusion of children will be a central talking point when participants are examining their de facto relationship separation entitlements. If the child was a result of the relationship or if they were from another marriage, this will dictate the level of support that a family court will provide. The same can be said for the amount of children, as there are some de facto couples who will have their own children from other relationships to add another layer of complexity into the situation. The amount of children and who their parents are will be major factors in the type of support that they will receive.


Ownership of Property

Property ownership is a key consideration when individuals are looking to see what de facto relationship separation entitlements could be coming their way. This expands beyond a house or unit in the property sense, extending to home loan debt arrangements and superannuation packages, cars and vehicles, boats, furniture, television sets, credit cards, pets and other possessions that carry monetary or sentimental value for the participant. It will be a topic that ultimately speaks to the financial independence or dependence of the individual. Some property will be considered an asset that will want to be taken on, but there will be credit cards and debt that will also have to be correctly distributed as well.


Registrations, Documents & Other Details

lawyer-client shaking hands

There can be other factors that will play a role when it comes to de facto relationship separation entitlements. Certain couples in Australia will officially register with a state or territory body to be recognised as being in a de facto relationship, allowing the terms and conditions to be officially lodged and authenticated. There are forms and documents speaking to residency where bills and contact details are either combined or left separate. Then there is the feedback given by close friends and family members where their understanding of the relationship is factored into the process.


It is worthwhile for participants looking into de facto relationship separation entitlements to speak to a lawyer and ensure that they are aware of these factors. Once they have taken onboard what the family court will consider, it is easier to make a decision on what types of claims can be lodged and how to develop a path forward for the client.