Family Marriage De Facto Relationship Separation

Divorce & Family Law

It is not mandatory to go immediately to a family law court to divide property & assets or to make arrangements for children & their parenting. 

When couples separate, before filing for a court adjudication, it is compulsory to engage in a dispute resolution process that may include a negotiation and/or a mediation. 

The objective of mediation and negotiation is to achieve a fair and reasonable outcome and to remove the cost & stress associated with the Court process.

As Accredited Law Society Family Law Specialists, we will listen to you to understand your personal circumstances and advise you on the way forward to achieve a satisfactory separation. We have vast experience in alternative dispute resolution techniques and through mediation will assist you to obtain a negotiated out of court settlement.

To resolve your family law matter and reduce your stress, anxiety & costs, contact us today

Expert Advice from our Accredited Specialists

Marriage De Facto Relationship Separation

A marriage or de facto relationship separation is defined as the point at which a relationship ends. The date of separation is most important and relevant due to a number of factors including:

  • The division of assets.
  • Determining the liability for debts.
  • Future parenting

If there is a dispute about the date of separation, and it is necessary for the Court to make a decision, the Court will consider factors including:

  • What the parties said to each other about the relationship being at an end and when they were made.
  • When parties told other people,  including  children, that the relationship had ended.
  • When parties separated their finances.
  • When the parties stopped having  a sexual relationship.
  • When the parties physically separated into separate bedrooms or houses.

No single factor is a determinant of separation.

How to Prove Separation Under One Roof

To prove separation under one roof, you will need to show that there has been a change in the marriage or de facto relationship. This can be either a gradual or sudden change that shows separation.

Some common changes to be aware of are:

  • Change in sleeping arrangements
  • Reduction in shared activities or family outings
  • Decline in performing household duties for each other
  • Division of finances; for example, separate bank accounts
  • Any other matters that show the relationship has broken down such as one party notifying family and friends of the separation

You also need to explain a number of factors such as:

  • Why you continued to live in the same home following separation
  • Why you eventually left the home
  • Living arrangements made for any of your children under 18 years of age during the time you wqere living under one roof
  • What government departments (if any) were advised of the separation such as Centrelink or the Child Support Agency

Factors that are used to determine of couples have a relationship may include any or all of the following:

  • Duration of the relationship.
  • Nature and extent of their common residence.
  • Whether a sexual relationship exists.
  • The degree of financial dependence or interdependence and any arrangements for financial support,
  • Ownership, use and acquisition of your assets.
  • Degree of mutual commitment to a shared life,
  • Care and support of your children.
  • The reputation and public aspects of your relationship.

Expert Advice from our Legal Specialists

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