In the event of a de facto relationship breakdown, it is important to be aware of your de facto relationship separation entitlements. To obtain a financial adjustment, you must be able to satisfy one of the following criteria:
- The period of the de facto relationship needs to be at least 2 years; or
- There is a child of the de facto relationship; or
- That a party to the de facto relationship has made substantial contributions, and a failure to make an adjustment would result in a serious injustice. Contributions include:
- A financial contribution made to the de facto relationship, or a child of the de facto relationship, to the acquisition, conservation or improvement of any of the property of the parties; or
- A contribution (other than financial) made to the de facto relationship, or a child of the de facto relationship to the acquisition, conservation or improvement of any of the property of the parties.
- A contribution to the welfare of the family to the relationship and any children of the relationship, including any contribution made in the capacity of homemaker or parent.
One must also consider the effect of any proposed adjustment upon the earning capacity of either party to the relationship; and matters insofar as are relevant, namely:
- The age and state of health of each of the parties; and
- The income, property and financial resources of each of the parties and the physical and mental capacity of each of them for gainful employment; and Whether either party has the care or control of a child of the relationship who has not attained the age of 18 years; and
- Commitments of each of the parties to enable the party to support:
- oneself; and
- a child or another person that the party has a duty to maintain; and
- The responsibilities of either party to support any other person; and
- The eligibility of either party for a pension, allowance or benefit including any superannuation fund or scheme; and
- A standard of living that in all the circumstances is reasonable; and
- The duration of the de facto relationship and the extent to which it has affected the earning capacity of a party; and
- The need to protect a party who wishes to continue the role as a parent; and
- If either party is cohabiting with another person, the financial circumstances relating to the cohabitation.