Understanding exactly what your de facto relationship entitlements are is not a simple thing. Any de facto relationship separation entitlements you may have will be dependent on many factors such as the length of your de facto relationship, your status as a couple, the de facto relationship asset pool and your contributions to name just a few.
Proving the relationship was a de facto relationship for the purpose of a de facto relationship entitlement is not as easy as it may seem. Relationships are complex and nowhere is this more evident than when trying to establish whether or not people are in a de facto relationship for the purposes of Family Law. Relationships are often a journey of commitment with both parties ebbing & flowing in their commitment to the relationship at different times. It is this factor that can make it hard to determine when a relationship changes into something more committed, to be classed as a de facto relationship.
Discussing at the start of a relationship de facto property settlement matters including how you should divide property if you break up may seem pessimistic, grasping and untrusting, but anyone who is in a relationship now or who enters a new relationship should give de facto rights to property careful thought.
It is especially important that people who have deliberately chosen not to marry or enter a civil union check with their lawyers to see how these laws affect those arrangements & if they expose them to a potential de facto property settlement. Those who put agreements in place to protect their property (perhaps to preserve it for children from an earlier relationship) or who have set up family trusts should also consider how these laws might affect those arrangements.
No matter how you look at it, ending a de facto relationship can be a difficult and emotionally traumatizing experience. The financial implications of a breakup can further muddy the water between separating de facto couples. This is often more evident if no consideration was given to de facto asset protection strategies at the commencement of […]
Why do breakups hurt so much, even when the relationship is no longer good? A breakup is painful because it represents the loss, not just of the relationship, but also of shared dreams and commitments. Romantic relationships begin on a high note of excitement and hope for the future. When these relationships fail, we experience profound disappointment, stress, and grief.
A person with whom the deceased person was living in a de facto relationship at the time of the deceased’s death is an eligible
person to make a claim against the deceased’s estate pursuant to Section 57(1)(b) of the Succession Act 2006.
Don’t be blinded by love, be aware of how much money is coming in and going out. Having open dialogue with your partner about the financial makeup of your relationship is a just one building block. If you make a decision to share your financial resources which includes debt you need to take an active role in managing those finances.
It’s never easy when a significant relationship ends. Whatever the reason for the break up and whether you wanted it or no, the end of a relationship can turn your life upside down and trigger all sorts of painful and unsettling feelings. But there are plenty of things you can do to get through this difficult time and move on. You should try and learn from the experience and grow into a stronger, wiser person. As difficult as that may sound, learning from the experience is often the best way to move on in a positive manner.
It is natural for the end of a relationship to give rise to a lot of hurt, pain and anger. And in cases where you have been dumped, it may seem impossible to ever forgive your ex or move on to a more positive way of thinking. And yet however difficult as it may seem, letting go of the past is not entirely impossible. Here are few tips to move on gracefully when your relationship is over.
Spousal maintenance is not automatic, and often is considered as part of an overall settlement of financial matters. It is most likely to be ordered in cases where one party is “house bound” with the care of young children and therefore unable to exercise their income earning capacity. On the other end of the spectrum you will often find cases where one party, usually the woman, has been out of the workforce for a significant period of time raising the children and has become de-skilled or unemployable due to age. A further example would be if one party was unable to work due to illness. These situations result in a disparity of income earning capacities between the parties.
The best outcome for separating couples is to reach agreement by consent regarding the division of property of the relationship. Even if you have reached agreement with your former partner, the Family Law Rules outlining the division of property are complicated, and it is best to seek family law legal advice about your entitlements before accepting an offer of settlement.