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Defacto Relationships and Your Assets

Are you currently in a relationship but not married? Maybe you’re in a relationship but not living together? Worried that your partner can take your assets? Well, just because you’re not married and not living together, your partner may actually be entitled to make a claim for property settlement or spousal maintenance.

HOW DO I KNOW IF I’M IN A DE FACTO RELATIONSHIP? 
You’re deemed to be in a de facto relationship if you are in a relationship as a couple and are living together on a “genuine domestic basis” and not legally married.

However, you could also be in a de facto relationship, if one or both of you are still legally married, in a de facto relationship with someone else or are not living together on a full time basis. 

We don’t live together….
You don’t have to be living together for the Court to determine your relationship as de facto. This is just one of the factors that the Court will consider.
The Court will also consider the duration of the relationship, whether a sexual relationship existed, the degree of financial dependence, ownership of property, the degree of mutual commitment to a shared life and more. 

PROPERTY SETTLEMENT & SPOUSAL MAINTENANCE 
If you want to make a property or spousal maintenance claim, you have a limit of two years from the date your relationship ended and you must prove that your relationship lasted for at least two years. 
If you and your de facto partner had a child together, if one party made substantial contributions or if you registered your relationship, the proof of a two year relationship is not needed. Further details on property settlements can be found here.

If you’re unsure of how your relationship could impact your personal assets, call us today to discuss your circumstances and how we can assist in protecting your assets. 

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