WA Separation with De Facto - Living Under the Same Roof - Who Leaves?

[AllForHer]

The above re: de facto isn't accurate. The court will take many considerations into account when deciding if a de facto relationship exists, but the rule of thumb is two years cohabitation (not six months), or if the parties share a child.

Legislation here: FAMILY LAW ACT 1975 - SECT 4AADe facto relationships

Marriage is also slightly different because the presumption is that when parties enter into a marriage contract, they do so with the intention of benefitting from each other's assets for the remainder of their respective lives. Thus, everything, including debts and assets, becomes marital property in which both parties have a legal interest. There's also a 12-month time limit after a divorce is finalised during which a party can apply for a property settlement.

De facto, on the other hand, is not so clear cut. Parties can show no intention to share assets, and gain legal interest in them only because of the duration of a relationship. The time limit for property settlement is also two years.

The shorter the relationship, the more likely each party is to retain the assets they had prior to entering into the relationship. Generally speaking, marriage tends to invoke property settlements closer to 50/50 even where the marriage only lasted a couple of years, due to the contracted intention to benefit from each other's assets for life, whereas a de facto relationship of the same duration is less likely to be 50/50.

Speculative, though. Each case is different, decided by individual circumstances.

 

[Hope this helps]

And where children are involved, nothing is simple or clear cut and depending on the parents - going back to court can be several times a year with listings, hearings, delays, more family reports etc., as the child grows older and parents are prepared to defend their right to have contact with their child or the child wishes to have more contact and live with another parent, etc.

If Law, court procedures were robotically the same and not complicated - we wouldn't need solicitors and barristers. And even then, there isn't any guarantee. All I know is everyone loses especially children in court. Nothing pleasant about mediation, in court and especially direction hearings, hearings set down for dates that change all the time, interim orders, trials etc, etc.

All take time and years if the couple can not agree in mediation. How long is a piece of string? It's as long as the courts and Judges determine it to be.

PS. And at any time through the proceedings the couple can come to some agreed arrangements that the Judge seems fair, all the better.