Breakdowns in De Facto relationships

1st May 2013

When a relationship breaks down, it can be a very painful experience for both parties involved. If you are married, breaking up can sometimes be a lot easier when it comes to dealing with the legal side of things. However, if you and your partner never made that commitment and have been living together as a couple, then splitting up can sometimes be a bit more complicated.

Rostron Carlyle are the leading experts in family law in Brisbane and understand how difficult dividing assets up can be when a de facto relationship comes to an end. There is more to breaking up than just dividing your CD collection between the two of you. As the law recognises de facto relationships in several different ways, it can be quite difficult to understand what your rights may be. That is why it is advised you seek a family lawyer.

In some areas of the law, a de factor relationship is treated like a marriage. For example, a de facto partner might be entitled to the same rights as a married person when one partner dies without a will, or superannuation is claimed after the death of a partner. There could also be entitlements should one partner become ill and decisions about their health need to be made or organ donation needs to be considered.

However, there is a common misconception that if you have lived with someone for a certain period of time, then you are automatically entitled to half of everything they own. A relationship is defined by more than just time. That is why it is essential that you seek professional advice, who can tell you exactly what your rights are and how you can go about claiming what you are entitled to properly.

If you and your ex-partner had children together, then you need to find out where you stand when it comes to child maintenance and what visitation rights you have. A good family lawyer can also help deal with any disputes there might be over debt, property agreements and shared belongings. They will advise you on the correct way of dealing with the issues surrounding your break up and should it be heard in a family law court, they will fight your case and help you find a solution to the problem.

For more advice on defacto relationship and the legal rights you have, talk to a lawyer at Rostron Carlyle today.

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