How Dissolution of a De Facto Relationship Is Handled by the Australian Courts

Dec 10


Jag Cruse

Jag Cruse

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De facto lawyers can represent the cases of partners who want to break a de facto relationship.


De facto relationships have become very common in Melbourne today. Many youngsters decide to go for a de facto relationship before they enter into the commitment of marriage. In Australia relationships between couples aged 18 years or more who have stayed together for at least two years together is recognised to be a defect a relationship. These couples have their own rights and responsibilities attached to a de facto relationship.

Unfortunately there are several cases where the couple who have entered into a de facto relationship recognise that they are incompatible or for some other reason they are not willing to get into a marriage. In such a case they have to break the de facto relationship. Presence of children born out of the relationship and shared property make the process of breaking the De facto relationship complicated.

Relationship between same-sex partners:

With an important change in the family Law act in 2009,How Dissolution of a De Facto Relationship Is Handled by the Australian Courts Articles the Australian Law now recognises relationships between same-sex couples as de facto relationships too. This has been an important change, because now these couples also have a legal standing and also can claim spousal maintenance if the relationship breaks down.

De facto lawyers:

Australian law takes into account several factors when determining the validity of a de facto relationship. This includes the duration of the relationship, shared assets, extent of financial interdependence, presence of a child, etc. While divorcing, the partners can apply to the court for financial support, property settlement and custody of the child. De facto lawyers in Melbourne will help in getting them matter resolved legally.

The partners should consult a de facto lawyer when the question of dissolving a de facto relationship comes. The de facto lawyer in Melbourne whom they should approach should be a reputed one with good experience in handling these cases. That the facto lawyer will prepare the points of the case, filed the case, argue in front of the judge and also try to get the best outcome out of what support or remedy has been claimed by his client.

The family court in Melbourne where the case for dissolution of a de facto relationship is being argued will ask many questions to the de facto lawyer. Since spousal maintenance and child custody have long-term effects, the court will first try to determine the following before arriving at the conclusion:

the duration of the relationship

the reasons for separation

the earning capacity is of both the parties

the spousal maintenance being claimed, and the reasons for claiming that amount

the standard of living currently

Whether there is any scope for the conciliation between the couple.

The de facto lawyer will try to satisfy the family court in Melbourne regarding each of these points and also argue why it is proper or not proper to grant the spousal maintenance or alimony. They are experts in putting across the points in legal terms in front of the court, so every couple who is going for a dissolution of a de facto relationship should approach a de facto lawyer for a speedy resolution of the divorce case.