It can be hard to understand de facto relationship separation entitlements as they are inherently complex and often are a point of contention in family courtrooms. These rights are dependent on factors such as how long the partnership lasted, the assists amassed and how friends/relatives characterised your partnership.
The reason that de facto relationship separation entitlements are an issue is because they are designed to give people who live functionally as a married couple the ability to have the same rights when they leave a long term, co-inhabitant partnership where assets and perhaps parental responsibility was shared. This helps to protect couples who can’t afford to or do not have a desire to go through a traditional marriage process.
For you, the outcome of this issue will rely very much on which party is holding the biggest proportion of wealth. Those with more wealth may seek to disqualify their partnership in order to protect their assets from division by the courts. Similarly, someone who has less wealth may want to ensure their de facto relationship separation entitlements so that they can have peace of mind they won’t be left destitute in the event of a split.
The status of your partnership is very important in determining what de facto relationship separation entitlements you get access to. If the partner chooses to dispute you claim that you were in a de facto partnership with them, then you will need to gather evidence to prove that you did functionally live together as a married couple for at least 2 years.
There matters are notoriously complex and exhaustively argued. If you are unable to prove your case, then you will be unable to claim de facto relationship separation entitlements. A good family lawyer would be able to help you in gathering and presenting evidence to support your case.
Trying to prove that the partnership means you have de facto relationship separation entitlements can be extremely difficult if you don’t have any professional help. It is a good idea to do some research to try and find a reputable family law specialist to help represent you and prepare your case to be heard.
Because human relationships tend to ebb and flow in terms of intimacy and closeness, it can be hard to determine where the partnership transitioned to this new stage. Normally, the standard is that they lived together and had a sexual relationship where they shared a bed for more than 2 years.
Having children together further cements your de facto relationship separation entitlements as it is unusual for two people to choose to raise children outside a committed relationship. Because the family court system in Australia is highly focused on protecting the futures of children caught up in disputes between parents, the presence of children in the partnership means that you will likely get to exercise de facto relationship separation entitlements that pertain to custody of children.
However, it won’t be easy for you since there is a lot that goes into this kind of legal dispute. Again, hiring an accredited family law specialist is going to give you the best chance of success in court.
Remember; if you want de facto relationship separation entitlements then you need to make sure you are able to prove to a judge or jury that the partnership was sincere and that it tacitly functioned as a marriage.