What a Spouse Should Know About De Facto Relationship Separation Entitlements

De facto relationship separation entitlements can be complicated for a spouse who is unaware about what he or she is entitled to.

After having a consultation with some family or divorce lawyers in Sydney, it will become clear what claims can be made, what provisions are in place and how an individual can begin to move on with the next phase of their life.

Here we will take stock of the central laws and facts about this provision, offering clarity for those constituents who want to ensure they receive what they are owed in the process.


Meeting The Basic Australian Legal Definition

Before any hard and fast decisions can be made with de facto relationship separation entitlements, a spouse needs to ensure that their past experience meets a very basic threshold. In the eye’s of the Australian Government, a de facto relationship is where two people of the same or opposite sex live together on a genuine domestic basis as a couple. The pair cannot be related by family or married.


The 2-Year Landmark is Critical

A spouse who wants more information about de facto relationship separation entitlements has to understand whether or not the relationship lasted for at least a period of 2 years. This is not to say that the time spent together was continuous as there are contingencies where breaks can be incorporated, but this is the first threshold that allows men and women to become eligible for certain entitlements.


Were There Children Involved?

family being torn apart

The inclusion of children during the relationship is a major element in play when it comes to de facto relationship separation entitlements. Family law courts will make this a binding principle, even if the 2-year landmark has not been reached. Outside of household assets and financial matters, children have to be taken as a priority as a child custody agreement has to be formulated. If a spouse paid for support for a partner’s child, that will also be another factor taken into consideration.


Were Assets Shared or Kept Separate?

An indication of a strong and committed relationship would be showcased through shared assets being documented. This would help to establish that the couple were very much building a life together, shedding new light on a spouse who is looking into de facto relationship separation entitlements. The financial investment that was provided by one party or another will be a major consideration, offering a fair solution that is commensurate with the money that was invested on behalf of the relationship. If they were kept separate, this will be a simple decision to reach, but complications will emerge for duel assets that were equally shared.


Matter Can Be Settled Inside or Outside of Court

Depending how far the case will venture, de facto relationship separation entitlements can be settled outside of court or fought inside the confines of a courtroom. This will be dependent on whether or not official terms can be drafted and agreed upon by both parties. If this is the case, then the entitlements can be created and signed on by both parties. If there is conflict in these cases, each spouse with their legal representative will have to present their argument before a judge.


There are certainly other factors that can complicate a decision when it comes to de facto relationship separation entitlements. For example, there will be spouses who registered as a couple in one particular state or territory, or situations where other children are involved from outside relationships before or after their time together. This is where a confidential appointment with a family law specialist is advised, giving men and women a chance to discuss these details behind closed doors.