Seperating Assests
Categories Family Law

Dividing Household Contents After A Divorce

Unfortunately, there are a lot of downsides when it comes to getting a divorce. According to experienced family lawyers, you might finally be free from the commitments of a broken-down marriage which was bringing nothing but pain, but remember that both partners want to get out of the relationship without losing too much property or financial assets. It is therefore important to consult decent family lawyers before attempting to split the contents of your home post-divorce. Failing to do so can result in disagreements which have to be settled by a court. What is the first thing to do? Hopefully, your marriage will end on good terms and you will be able to split in an amicable and friendly manner. Unfortunately, this kind of split is rare, and will usually only happen in relationships where there has been no significant financial component – in other words, in relationships where there are few to no assets to divide.
de facto relationship
Categories Family Law

A De Facto Relationship

Definition

Experienced family lawyers Robertson Hayles report that Australian law defines the term ‘a de facto relationship’ as a relationship between ‘a man and woman who, although not legally married to each other, live together as husband and wife on a bona fide domestic basis’.[1] That is, a de facto relationship exists when the party and his/her former partner, irrespective of gender, were in a relationship as a couple residing together on a genuine domestic basis. However, Australian law denies a relationship as a de facto relationship if the individuals were lawfully married to one another or if they are related by family.

In order to determine that a relationship is a de facto relationship, it is incumbent on the parties to make an application to the court. The application can be made either to the Family Court or Federal Circuit Court. In practice, such application is usually made when an actual relationship has broken down and the parties are aiming at having financial disputes determined in the same manner as between married couples. In order to apply for a de facto financial order, such application must be filed within two years of the breakdown of the relationship at issue. In order to obtain a favourable de facto relationship order from the court, the applicant must prove before the court existence of the following facts:

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