De Facto Separations & Legal Arrangements

The Law regarding De Facto Separations and Relationships (including Same Sex Relationships) has undergone many changes.

A court will first need to establish that a de factor relationship has indeed existed. There are certain requirements the court must take into account when determining whether a de facto relationship existed. These include but are not limited to the following: –

• the length of the relationship
• children of the relationship
• whether a sexual relationship existed
• property ownership and acquisition

The Family Court makes no distinction between opposite sex and same sex couples, regarding both as de facto relationships.

In children’s matters, the Family Court presumes that each parent has shared parental responsibility for their children. It is not relevant whether the parents are married or de facto couples. The Family Court recognises that children have the right to the care and support of both parents.

De Facto property disputes can now be determined under the Family Law Act 1975. The law applicable to your de facto matter will depend on the facts of your case.

De facto relationships issues regarding children and property can be complicated. Liptak Lawyers can assist you in these matters and provide clear advice on the best possible course of action for your circumstances.

Contact Liptak Lawyers Adelaide for Legal Advice and Family Court Representation.