Generally speaking, the law in Australia affords the same rights to parties experiencing a breakdown of a de facto relationship to parties experiencing a breakdown of a marriage. However, there are some key factors, including the length of the de facto relationship, the geographic location of the parties, and other issues, that can impact the legal process for de facto relationships.
You may be in a de facto relationship without realising it. One person might assume that their relationship is de facto when the other person doesn’t. It’s even possible to be in one than more de facto relationship at the same time, or to be in a de facto relationship with one person while married to another.
Understanding the differences between the breakdown of a de facto relationship and a marriage can be confusing, particularly when you are experiencing the stress of a separation. Each case is different, and if there is a dispute about the existence of a de facto relationship, the court will look at all the circumstances of the relationship in making that determination.
We have extensive experience in assisting clients with parenting, property, child support and maintenance issues following the breakdown of a de facto relationship. Whatever the circumstances, we can help you understand how the law applies to your relationship, what your legal rights and obligations are, and what steps to take next.
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