De Facto Separation

Separating from a de facto partner is one of the most stressful and emotional times for you, your partner, and your children. The law surrounding de facto separations in Australia can be complex, but it's important to understand your rights and obligations as a father.

Understanding De Facto Relationships

Under the Family Law Act 1975, de facto relationships are recognized in Australia if the couple has lived together on a genuine domestic basis. This applies to both same-sex and opposite-sex couples. The date of separation is crucial, as it determines the time limit for initiating court proceedings to enforce any property or financial rights.

Separation Under One Roof

The law recognizes that separation can occur while parties are still living under the same roof. You do not have to move out of your shared home to establish that you have separated. However, it's important to communicate your intention to separate to your partner and keep records to document this.

Important: If you continue to live separately under the same roof, factors such as shared bedroom, sexual relationship, finances, household duties, and public presentation will be considered to determine if separation has occurred.

Your Legal Rights

As a father, you have important legal rights when it comes to a de facto separation:

  • The time limit for initiating court proceedings for a property adjustment is two years from the date of separation. It's crucial to seek legal advice and take action within this timeframe to protect your rights.
  • If you are time-barred from initiating proceedings, you may still be able to seek the court's permission, but this is not guaranteed.
  • The division of assets and financial arrangements, as well as the ongoing care and support of your children, will need to be resolved, either through negotiation or court proceedings.

Seeking Legal Advice

Navigating a de facto separation can be complex, but you don't have to do it alone. Our experienced family law solicitors at Armstrong Legal can guide you through the process, protect your rights, and help you achieve the best possible outcome for you and your children.

Important: It's crucial to seek timely legal advice to understand your rights and the time limits that apply in your case. Don't risk losing your right to a fair property adjustment or child custody arrangement.

If you have any questions or need assistance with a de facto separation, contact Armstrong Legal on 1300 038 223 or send us an email. We're here to support you throughout this challenging time.

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