Difference Between A de facto Relationship and Marriage?

Difference Between A de facto Relationship and Marriage?

The nature of relationships has changed over the generations. It is the era of De facto couples, and these couples enjoy equal status as far as family law matters, children and maintenance rights are concerned.

What is a De facto Relationship

A De facto relationship defines relationship which exists between member fs the same or opposite sex who have been living together genuinely. A married couple is not considered to be in a de facto relationship. Different countries have different rules for the immigration of de facto couples. It is best to consult a migration consultant regarding the same. If you are looking forward to getting a visa for your partner, Partner VISA Consultant will be of great help. Family Laws regarding partners- The following criteria are used to assess the nature of the relationship that exists between the couple and the right to property and maintenance accordingly-
  1. That the relationship must have completed a minimum of 2 years.
  2. There must be a child as a  result of the de facto relationship.
  3. There must be a registration of the relationship under the style or territory
  4. If one party is making significant contributions and the other party fails to establish order, it results in serious injustice.
Even relationships which ended after March 2009, yet meet at least four criteria of the gateway requirements, the parties can commence proceedings in the Family Court. The court will deal with the appeal in the same way as they would deal with a legally married couple. For more information, you can always count on the migration agent. If you are one of the individuals who intend to start a de facto relationship or rather move in with each other or have already done it, you must understand the significance of the nature of the relationship with respect to the legal angle. Keeping in mind the fairness that should be carried out if the relationship breaks down, the couple should enter into a prenuptial agreement. It can also be referred to as a binding financial agreement. It is vital for a fair division of assets if the relationship doesn’t work out.

Entitlement in case of Break Down of De Facto Relationship

If the unfortunate possibility happens to come true, you have a period of two years in which you can apply for the settlement of property and other assets. But if you wait exceeds the period of two years, then you will have to obtain the court’s permission for the same. It is best to seek advice from an experienced lawyer so that everything works out in a just manner. Keep in mind that every case is different and there is no single solution that fits all cases.

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