De facto relationships, under the Family Law Act, has the same treatment as marriage. In section 4AA, there are numerous factors which the high court may consider when determining the validity of a de facto union. de facto property settlement
Some of these include the nature of the common residence, sexual relationship, financial dependence, owned properties, and children. However, if a couple decides to part ways, a time limit of two years is given to finalise property and maintenance issues. When the limitation expires, difficulties may arise further complicating the situation at hand.
If you are going through a rough patch in the relationship, and have decided to end it. Then you have to start immediately with processing for the de facto property settlement. Through this manner, you get to identify and evaluate your jointly amassed property during the course of the union.
What are your rights during this process? Here are some of the things that you must know.
Entitlement for a Settlement
You are eligible to share a part of the contributions made by you and your partner during the relationship. Furthermore, whatever necessities in the future shall also be provided, especially when a child is involved.
In certain situations, property solicitors might suggest a potential range to determine the percentage of the property pool, which the court may award to both parties after litigation. Once this is defined, you can provide this to inform your position during negotiations. Check McPhee Lawyers for more details.
Protection from De Facto Partner
With the help of a Brisbane lawyer property specialist, properties accumulated throughout the de facto relationship can be safeguarded through a binding financial agreement. Otherwise known as a prenuptial agreement, this covers the division of assets in both parties, superannuation, and, in some cases, maintenance.
So before entering into a relationship, it is ideal, though not highly suggested, that you make an agreement to keep your properties separate. Through this, you can avoid going through a complicated de facto property settlement when things do not turn out well.
Security for All
In a Brisbane property settlement agreement, all types of de facto unions are covered. Although same-sex marriage is not legal yet in Australia and overseas marriages are not recognised, a homosexual couple can still register as a de facto relationship to lay claim to the same legal rights as those who are married.
Thus, couples who wish to divide joint properties have the same privileges as others. On the other hand, both parties can also settle for intestacy rule in the event when one dies even without a validated will or binding declaration.
If you have legal problems in relation to gender identification, there are lawyers who can provide you with legal services. Moreover, complications on entitlements, superannuation schemes, taxation, immigration, citizenship, and social security are also handled.
De facto property settlement is a very complicated case. In the event that you need legal advice with regard to property issues with your ex-partner, domestic violence protection orders, and unjust treatment, you can seek help from family law specialists such as McPhee Lawyers.
Discuss both local and international issues regarding the Family Law, and find solutions to your legal problems. Arrange an appointment today!