De Facto Relationships


Family law is a complicated area of the law that deals with matters concerning family issues. Legal representation is often necessary to resolve disputes that arise from either party such as property division and financial arrangements which are primarily dealt with in the Family Law Act.

New changes were made by the federal government beginning from March 2009 that gave de facto relationships similar rights as married obligations.

What is a De Facto Relationship?

A de facto relationship is defined as a relationship in which two adults live together as a couple but are not necessarily married. The court will take a number of factors into consideration to assess the extent of the relationship and determine certain rights.

In order for a relationship to be officially recognised, certain criteria need to be met. A formal declaration from a court is also required if there is any doubt on whether the couple is in a de facto relationship. There is generally no set time requirement but courts will consider the:

  • Length of the relationship
  • Extent of a common residence
  • Degree of financial dependence
  • Ownership of property
  • Support of children if any 

Why is this important?

If the relationship is officially recognised as a de facto relationship, you are entitled to the same rights as a married couple in areas such as spousal maintenance and property division if the relationship ends.

Why Do I need a De Facto Lawyer?

The breakdown of a relationship can be immensely difficult to navigate emotionally, and equally  so from a legal stand point. Retaining  a specialist de facto lawyer in Perth can take some of the weight of your shoulders, allowing you to focus on other aspects of your life. Kawalsky Lawyers have been specialising in de facto law for years and have proven to be able to create solutions that benefit their clients. Whether through negotiation  or defending our clients in front of a judge, a de facto lawyer from our Perth office will work to make your situation better. Make sure that you understand your legal rights and obligations before making any actions that may result in detriment to you.

De facto lawyers are vital due to the blurred nature of a de facto relationship. Whilst recognised by Perth legislation, the process of splitting is different to that of a married couple. Understanding the nuances and intricacies of a de facto relationship breakdown and getting the best outcome for their client calls for a skilled and knowledgeable de facto lawyer. Equip yourself with a legal professional that is going to not only provide you with well-informed advice, but also with measured negotiation  skills and a strong defence if your case goes to court. Equip yourself with a Kawalsky de facto lawyer in Perth! Click here to get in contact or call us on 08 6180 3670.

Property Settlement and Spousal Maintenance Claims

Numerous complications arise when a de facto relationship ends and it is best for both parties to seek legal advice. Legal matters including property division and spousal maintenance are dealt with entirely in the Family Law Courts.

The individual making a property or other dispute against a former partner will need to make a claim within two years from when the relationship ceases. Proof will also need to be provided to prove both parties have lived together for more than two years. However, a claim can still be made if:

  • Children are involved in the relationship
  • A substantial financial contribution was made to a property
  • A serious injustice would result unless an order is made 

Courts will look at different factors to determine how property and other assets will be fairly divided. A court order will then be issued on how this is to occur. Couples may be able to come to an agreement regarding assets outside of the courts but are strongly suggested to seek legal advice.

How We Can Help

Kawalsky Lawyers deals with all aspects of family law for those in de facto relationships. Our experienced lawyers provide comprehensive advice regarding your legal rights and cost effective legal services for:

  • Separation and divorce
  • Property settlement
  • Spousal maintenance
  • Child support
  • Financial agreements
  • Intervention orders 

Our lawyers work to quickly resolve all matters using primary dispute resolution methods. We understand the different types of disputes that typically arise from separations and are adept at suggesting remedies and mitigating disputes. If both parties are unable to come to an agreement, you can rest assured of strong representation in the court.

We work closely with you throughout the entire process to protect your interests that benefit you and any children involved. Get in contact with Kawalsky Lawyers by clicking here or call our office on 08 6180 3670.

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