De-facto Relationships: Separation Entitlements
Are you ready to protect your de-facto relationship assets and entitlements?
Whether your relationship with your significant other is slowly coming to a close, or you’re starting afresh and seeking legal advice, we offer you the assistance and advice you need to deal with your de-facto relationship, and protect your assets and entitlements.
Are you in a valid de-facto relationship?
It is important to determine whether your relationship is a valid de-facto relationship. If a couple is unmarried but have a relationship that is indicative of being a genuine couple, advice should be sought as to whether the relationship can be legally classified as a de-facto relationship.
For a couple to be in a de-facto relationship, the law of NSW requires them to have:
- a relationship that has lasted for a at least two years
- a child born from the relationship, or
- a relationship that has been locally registered
A couple can also be de-facto where a claimant in the relationship has made substantial contribution, and the withholding of their claim would lead to grave injustice towards them.
To assess a couple’s relationship status, evidence about the relationship may need to be provided, such as:
- the nature of the relationship
- if there is any form of financial dependence
- the length of the relationship
- the type of residence involved
- the couples care and support of any children, and
- the authenticity of the commitment to the relationship.
If a person wants to make a claim involving their de-facto relationship, they generally must do so within two years of the relationship ending.
If you’d like to discuss de-facto relationships and their legal implications further, please contact us.