Do you want to break free from a relationship that has gone south? If so, it’s important to act quickly. Delays can be costly, stressful and draining.
The first, and most important step is to identify the separation date in a marriage or de facto relationship. However, it can be difficult to determine the date of separation.
Legally, the date of separation is typically when couples stop living together. That said, courts may still consider couples legally separated even if they remain under one roof. In the case of a de facto relationship, the legal status of the couple would depend on:
1. The nature and extent of your common residence
2. Whether a sexual relationship currently exists
3. The financial dependence or interdependence between the parties, and any arrangements for financial support
4. Ownership, use, and acquisition of property
5. The degree of mutual commitment to a shared life
6. Whether the relationship is or was registered under a law of a state or territory
7. Care and support of any children
8. The reputation and public aspects of the relationship
The date of separation is also important in both cases of marriage and divorces. Courts use the date of separation as the reference point when determining the eligibility for a divorce. This date helps assess financial and non-financial contributions mase during the relationship, and whether property is jointly owned or held individually.
In divorce cases, the Family Law Court will only grant a divorce if both parties have been separated for at least 12 months. A dispute about the separation date may delay the application process until the date is clarified.
Conflicting accounts of the separation date can also impact property settlement. These inconsistencies affect how assets and liabilities are valued at the time of separation and influence the determination of ownership.
For De Facto relationships, inconsistent separation dates can create two major issues:
Establishing the existence of a de facto relationship:
To qualify for property settlement under Section 44 of the Family Law Act 1975, the couple must generally prove that they were in a de facto relationship for at least two years. However, an exception could apply (such as having a child together or one party making substantial contributions).
Meeting the two-year time limit for applications:
The law gives de facto couples two years from separation to apply for a property settlement under Section 44 of the Family Law Act 1975. Disputes over the separation date can risk missing this deadline and potentially prevent a party from pursuing a claim.
In Western Australia, de facto relationships are governed by the Family Court Act 1997 (WA), not the Commonwealth Family Law Act. The Family Court of Western Australia manages all family law issues for married and de facto couples within the state. Though the relationship requirements are similar across Australia, the legislation in WA follows a different legal structure.
Separation impacts everyone involved—especially children. The emotional and financial effects can influence their wellbeing and daily routine. Once separation has been agreed upon, it’s important to take timely steps regarding your children and property arrangements. Even if final decisions can’t be reached right away, it’s wise to initiate temporary arrangements and begin the process early. Separation lawyers often recommend mediation or counselling to help couples reach agreements in a constructive and respectful way.
To better understand separation and its complexity, speak to experienced lawyers like My Legal Crunch. Contact a lawyer at 1800 572 122 or by email info@mylegalcrunch.com.
