De Facto Lawyer Sydney

To establish that a de facto relationship exists, various types of evidence must be presented to demonstrate the genuine nature and duration of the relationship.

One of the key criteria is the duration of cohabitation. Typically, a couple must have lived together for at least two years. Evidence to support this can include a shared residential history, such as joint lease agreements, utility bills, and correspondence addressed to both partners at the same address. These documents collectively help to establish the length and continuity of the cohabitation.

Financial interdependence is another significant aspect. This can be demonstrated through joint bank account statements, shared household expenses, and joint mortgage or lease agreements. These financial documents illustrate the extent to which the partners share economic responsibilities and manage their finances together.

The nature of the household is also considered. Evidence might include documents showing shared responsibilities such as housework or childcare, which highlight how the couple functions as a domestic unit. Proof of shared living arrangements and contributions to household management further support the claim of a genuine domestic relationship.

Social recognition of the relationship is important as well. This can be proven through joint invitations to social events, photographs, and travel documents that show the couple’s shared activities. Statements from friends, family, and community members can also affirm how the relationship is perceived publicly.

Demonstrating mutual commitment involves showing plans for a future together. Evidence of shared goals, investments, and long-term planning can be compelling. Additionally, any proof of emotional and psychological support, such as correspondence and shared experiences, helps to underline the depth of the relationship.

In some states and territories, couples can opt to register their de facto relationship. This official recognition simplifies the proof process significantly. Declarations and affidavits from both partners, as well as from third parties, can serve as additional evidence to corroborate the existence and nature of the relationship.

At Ramsden Family Law, we understand that gathering and presenting this evidence can be daunting. Our expert lawyers are here to assist you in compiling the necessary documentation and building a strong case to ensure your relationship is recognised and your rights are upheld.

The division of property in a de facto separation follows principles similar to those in divorce proceedings. The court takes into account several factors to determine a fair distribution of assets and liabilities. These factors include the financial contributions made by each former de facto partner, both direct and indirect, as well as non-financial contributions, such as homemaking and child care. The court also considers the future needs of each partner, including their age, health, income, and financial resources, as well as the length of the relationship.

Evidence supporting financial contributions might include:

• Bank statements
• Receipts
• Records of shared expenses
• Non-financial contributions can be demonstrated through affidavit/statement/declaration and documentation of household roles and childcare responsibilities.