When you’re in a de facto relationship, it’s important to understand your rights of ownership and interests in real estate and personal property. The team at WGC Lawyers in Cairns brings empathy and experience to helping de facto couples discern what they’re entitled to in the event of a break-up. Continue reading for a look at the definition of a de facto relationship, your entitlements in the event of a breakup and how we can help. Contact us today.
What is a De Facto Relationship?
If you’re in a relationship with somebody that you live with on a genuine domestic basis, you may be in a de facto relationship. While they typically share the same rights as a married couple, some key differences set them apart in the event of a breakup that leads to the division of property:
- If your relationship has been ongoing for over two years
- If you and your partner share the care of a child
- If substantial contributions prove that a genuine relationship exists
Understand Your De Facto Rights With Divorce Lawyers in Cairns
You and your ex-partner have two years to finalise your property and maintenance matters. Failure to comply with this will incur significant costs and require you to reapply to initiate proceedings and prove why you missed the court application.
Breaking Up: What You’re Entitled To
As experienced and trusted divorce lawyers in Cairns, we’re here to guide you through the process of how courts determine the division of property if your de facto relationship ends.
Property Shared
The court requires you and your ex-partner to outline all assets, liabilities and finances owned by each of you. Legally, you need to disclose every detail so they can determine the total value shared.
Each of Your Contributions
During this stage, the court attempts to determine what each of you contributed to the relationship. This can encompass both financial and non-financial contributions, such as property renovations or time spent on child-rearing.
Any Other Considerations
Determining the allocation of property assets also includes the consideration of other factors, such as who provides the most care for children, if there are health issues or if either of you can maintain an income after a breakup.
A Just Sharing of Equity
While far more difficult to determine, the purpose of determining a just share of the equity of your property is to ensure a positive outcome that doesn’t disenfranchise either you or your ex-partner. A court will make specific considerations about any strange circumstances that may require adjusting the division of assets based on how it perceives your personal situation.
How We Can Help
Our team brings professionalism and empathy to helping you navigate the end of your de facto relationship. We are a trusted property lawyer in Cairns, bringing experience and a customer-centric focus, with a reputation for providing trusted service to locals.
The team at WGC Lawyers in Cairns brings a friendly, professional service to help guide you through the division of property assets after your de facto relationship ends. Contact us online today.