Important Facts About De Facto Relationship Separation Entitlements

father, child, mother

If you are going through a relationship breakdown but were not married with your ex, then you probably want to get updated on your de facto relationship separation entitlements. Just like when you have been married and in need of divorce lawyers in Sydney for legal separation, you also have the rights when you are in serious relationship where you live together and share resources such that you are functionally a married couple despite never formally going through the marriage process.

It is important that you understand your rights so that you don’t end up in an unfavourable or exploitative arrangement with your ex. When both parties understand their legal rights and responsibilities the separation process is generally much smoother and less stressful.

The following will take a look at de facto relationship separation entitlements.


What are they?

De facto relationship separation entitlements are a sometimes-complicated series of rights that people are entitled to when they are in what is functionally considered a marital relationship. Determining whether or not your relationship constituted as ‘de facto’ is one of the most important aspects of the family court system and is dependent on your living circumstances, sleeping arrangements, shared assets and contributions that may have been made by either party towards those assets.


How to protect your rights

client-lawyer meeting

To protect your de facto relationship separation entitlements, you really need to hire an experienced family lawyer who will be able to counsel you on the best path forward. This legal professional will be aware of what your rights are, which ones are potentially in jeopardy and which you can leverage during negotiations/litigation.


Finding a lawyer

Finding a lawyer to help protect your de facto relationship separation entitlements can be a lot easier said than done if you have no experience with it before. Lawyers can come in all different varieties, so you need to do some head hunting to find the best practitioner for your case.

Ideally, you would engage an experienced family lawyer who has a specific interest in this area of the law as they will be the most knowledge. The more expertise a lawyer has, the less time they need to spend on research, and this can help save you money if they work on an hourly basis.


Working alongside them

When you are working alongside your family lawyer, you need to listen to their expertise when trying to protect your de facto relationship separation entitlements. If you second-guess their advice all the time, then there’s no point hiring them since you obviously think you know better than a professional.

Sometimes you need to accept the bad news that your lawyer gives you and work with them to secure the best achievable outcome. Being stubborn in the face of expertise you paid for is really silly and will leave you worse off in every way.

Keeping your cool


Because de facto relationship separation entitlements deal with emotional struggles with regards to romance and the care of children, there is obviously a lot of sensitivity surrounding it and this may get to you after a while. In order to give you the best chance of success, you need to keep your cool at all times and not give into emotional, vindictive thinking that seeks to punish your ex or get revenge somehow.

Protecting your de facto relationship separation entitlements is about being knowledgeable and keeping calm throughout the process. Hopefully the above information will equip you to secure and protect your rights in this complex legal situation.