The dissolution of a de-facto relationship can pose a whirlwind of emotions and uncertainties, especially when it pertains to the division of shared assets.
In the purview of the Family Law Act under s4AA, a de-facto relationship is classified as a relationship between two individuals who are neither married nor related by family but share a genuine domestic bond as a couple. The determination of whether a relationship falls under this category takes into account an array of factors, including the duration and nature of the relationship, financial interdependence, mutual commitment, property ownership, care and support of children, as well as public perception and reputation of the relationship.
When couples in such relationships separate, disputes concerning the division of their assets often surface. However, there exist multiple pathways to mitigate these conflicts, which include pre-action procedures, mediation, arbitration, commencing proceedings, or through legal documents such as financial agreements or consent orders.
One critical detail to remember is the two-year limitation for commencing property settlement proceedings. This period begins from the date of separation, highlighting the importance of resolving the matter within this timeframe.
The end of a de-facto relationship often brings with it a host of legal intricacies. It’s essential to understand the legal pathways available to ensure a fair division of assets and property. Rest assured that at Ramsden Family Law, we are dedicated to helping you navigate these challenging circumstances with the utmost care and professionalism.