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When Your De Facto Relationship Breaks Down
Hi, Alan Weiss from Aussi Divorce,
You probably don’t feel the need to make a big fuss of your commitment by signing a piece of paper and dropping a wad of money on one single day, right?
Good for you! The reasons why you would shun marriage is nobody's business.
But, did you know that it only takes two years of being shacked up under the same roof living as a couple, whether you're the same sex or not, to be considered de facto?
The law treats a de facto relationship (whether heterosexual or same sex) as a marriage.
That means in the event your relationship breaks down, any disputes over your children or over property will be treated by law in the same way as for a married couple.
So when your relationship goes belly up, you can apply to the family law courts for financial and parenting arrangements.
The court will grant the orders if the period of the de facto relationship is at least 2 years, whether there is a child of the relationship, whether the couple acquired property together.
Or, whether one of the partners made substantial financial or non-financial contributions to their property or whether a relationship exists.
It you are going through a separation, it would be wise would wise to try to work out things with your partner. It only makes sense that you avoid stupid litigation.
If you cannot reach an agreement you should seek a legal advice from an experienced family lawyer
For more information about de-facto relations, see www.aussidivorce.com. Thank you for watching.
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