If your de facto relationship has recently ended, you may need to consider a property settlement and child custody arrangements.

My de facto relationship of two years has ended. Is my ex now entitled to half my assets and joint custody of our young child?

For your partner to make a claim against your assets, he/she must first establish that you were in a de facto relationship.  The Family Law Act 1975 sets out 3 possible ways a de facto relationship can be found to exist.

Firstly, if you have lived together on a “genuine domestic basis” for two years or more, and are not married.  It can sometimes be contentious when a de facto relationship starts because, unlike marriages, there is no official paperwork verifying its commencement.  Other proof such as leases, social media posts, and third-party evidence may be helpful if there is doubt over the start/end date.

Alternatively, a Court can find that de facto relationship exists because you have a child together, or if one of you has made a substantial and significant contribution to the relationship.

While de facto couples are treated almost identically to married couples under the Family Law Act, being in a de facto relationship does not mean that your ex is automatically entitled to half your assets.  Financial issues are resolved by considering factors such as financial and non-financial contributions, and future needs.  Each case is assessed on its own merits.

Similarly, while there is a rebuttable presumption under the Act that parents have equal shared parental responsibility, family violence and safety concerns can rebut that, and care arrangements are determined with the child’s best interest as the paramount consideration.  With a child under 2 years old, it is unlikely that a Court will find that equal time with both parents will be in the child’s best interest, although that might be possible when the child is older.

A Scammell & Co family lawyer can advise you on the best way forward and what to expect on financial and care arrangements. We can assist you with negotiations, and draft financial and parenting agreements.  If no agreement can be reached or is practicable, we can also assist you with the last resort option of Court proceedings.

For further information on Scammell & Co.'s Family Law services click HERE.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Proposed domestic violence bill not necessarily the answer to shared custody disputes

A private member’s bill has been introduced into parliament by Federal Labor MP Graham Perrett in response to the shocking murder of Brisbane woman Hannah Clarke and her three children at the hands of her former partner.

The family law bill aims to remove what Mr Perrett describes as confusing laws around child custody arrangements.

As it is, the family law assumes parenting should be shared equally between parents who have separated - regardless of either party’s conduct or history of domestic violence.

Mr Perrett told parliament “There is a widely held misconception that equal shared responsibility means equal shared care. ”

“This misconception sets up a false expectation that parents have some right to guaranteed equal time with their children. “

“This can incentivise an abusive partner to litigate their parenting dispute. It may lead to a parent agreeing to an unsafe parenting arrangement, in the belief that they have no choice.”

Scammell & Co. have a highly experienced Family Law team providing child custody advice and best outcomes to parents going through a separation or divorce. Please contact us either by calling 8447 4466 or via email: reception@scammell.com.au to arrange a confidential intial appointment.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.