A de facto separation NSW is when a couple living together separates. The Family Law Act 1975 defines de facto couples as a couple who choose to live together without being legally bound by marriage. Additionally, these couples don’t have to go through the divorce procedure to end their relationship. De facto separation also applies to same-sex couples and people married to a third party.
Section 4AA of the Act also states a de facto relationship protects couples who cohabit but do not marry. Cohabitation is a state in which couples live together without getting married. De facto separation in NSW is still possible when relationship disputes arise. They may also want to know what rights they have when they break up. Read this article to know more about de facto separation in NSW.
De Facto Separation NSW: Registering The De Facto Relationship
De facto couples usually have the same rights as married couples. This applies if the couple registered the relationship and has met time requirements. Proving a de facto relationship’s existence might be difficult for a de facto couple. On the other hand, legally married couples can provide legal documents like a marriage certificate to prove their relationship.
De facto couples who want to register their de facto relationship can register at the NSW Government’s Relationships Register. Registering here can help couples define their relationship as a de facto relationship. It’s essential for de facto couples to register their relationship if they want to know their rights after a breakup.
Adult couples can register their relationship as long as one of them lives in NSW. Furthermore, couples do not have to live together to be eligible to register for a de facto relationship. To apply for a de facto relationship couples must not be:
- Under 18 years old
- Married to each other or any other person
- Registered with another relationship in another state or territory
- In a relationship with another person
- Related to each other by family
What Happens When Couples Go Through De Facto Separation in NSW?
Following the relevance of couples registering relationships, let’s discuss how they should handle a de facto separation in NSW. It’s important for de facto couples to identify their entitlements on a short or long-term basis. De facto couples might also wonder about their financial position if they are either the relationship’s homemaker or the breadwinner.
Centrelink’s Role
Centrelink provides income support for Australians paying for the costs of living. For Centrelink purposes, a couple is considered a de facto couple once they start living together. Moreover, couples must be living together for a period of at least 2 years to receive Centrelink payments. Centrelink assesses a relationship by considering the:
- Degree of financial interdependence;
- Nature of the couple’s household. This includes if there are shared quarters, shared chore schedules, and joint parental care for children;
- Social aspects of the children such as how they declare themselves in society and how society sees them; and
- Couple’s nature and level of commitment to each other.
Couples going through a de facto separation in NSW have the option to fill up Centrelink’s separation details form. This is if they can’t tell the separation details online. Meanwhile, couples can also make an account at Centrelink to inform them of the separation. Moreover, Centrelink must also review a de facto couple’s living arrangements if they are separated under one roof.
Property Settlement Procedure
Surely, de facto couples will want a just and equitable division of assets and property after separation. Couples going through a de facto separation in NSW should seek a solicitor for property settlement arrangements. Firstly, solicitors will check the asset pool and identify the property’s value, liabilities, and superannuation. This may include property that is individually or jointly owned.
Secondly, solicitors will look into the de facto couple’s financial and non-financial contributions to the relationship. Additionally, they will also look into who is the primary homemaker and parent if there are children. De facto relationships and marriages have differences in time limitations when it comes to bringing claims about property settlements.
De facto couples have a time limit of two years from the date of separation to make a claim. Meanwhile, married couples have a time limit of 12 months from the date of a divorce to make a claim. Importantly, the time limit for de facto couples doesn’t apply if they have children with their former partner. Thirdly, solicitors will consider each couple’s future needs and may look at the couple’s:
- Age if they’re retiring and if they’re eligible for superannuation payments;
- Ability to work in the succeeding years and gather savings and accumulate assets;
- Children if there are any;
- Decisions if they should share parental care over children;
- Ongoing medical costs of children; and
- Children’s general health condition and if this will affect their earning capacity.
How To Protect Your Assets In A De Facto Relationship
The above-mentioned factors can help in determining a just and equitable division of assets for a separated de facto couple. Depending on how de facto couples handle disputes, they may have a list of what they own before living together. They may also include any valuations.. It’s important to know that a de facto relationship lasting for 2 years will have both partners having rights over each other’s property.
Hence, de facto couples may have disputes on who gets what if the relationship turns sour. However, de facto couples can also protect their assets by filling up a property settlement agreement. Furthermore, de facto couples can also use binding financial agreements to formalise their property and asset division in the event of a separation.
Basically, this agreement can also become court orders that can be enforced in the event of a relationship dispute. Relationships that start out perfect may end in a dispute when talking about property and assets. Thus, it’s important to seek legal advice in the event of a de facto separation in NSW.
Importance Of Seeking Legal Advice
De facto separation in NSW is definitely an emotionally, and financially- draining process for de facto couples. JB Solicitors have seasoned family lawyers that can determine what is just and equitable for de facto couples. We can also draft court orders, parenting orders, and binding financial agreements for separating de facto couples.
Should contentious matters arise, we have mediation services for couples who want to agree on parenting arrangements and property settlements. Mediation has proven to be a more cost-effective way of resolving disputes within a relationship.
Contact a family lawyer today.
