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My Ex is Denying we Were in a De Facto so They Don’t Have to Pay me any Money

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What can I do?

To establish that you were in a de facto relationship, you need to provide evidence of the public perception of you as a couple and the nature of your relationship as a genuine domestic commitment to each other. This can be from neighbours, friends you socialised with or colleagues who saw you attend work functions together as a couple.

What does the Family Law Act say?

In order to establish a claim pursuant to Section 4AA of the Family Law Act 1975 (Cth) that the parties are in a de facto relationship, the following matters have to be established:

1.       That the parties were not married to each other; and

2.       That the parties are not related by family; and

3.       That in all the circumstances of their relationship, the parties have a relationship as a couple living together on a genuine domestic basis.

 

How to apply to get my share of our property?

Before the Court can determine financial matters after the breakdown of the relationship, you must satisfy one of the following four gateway criteria that:

 

1.       The period of the de facto relationship was at least two (2) years;

2.       There is a child of the de facto relationship;

3.       The relationship was registered under the prescribed NSW law; and/or

4.       Significant contributions were made or being made by one party and the failure to make an order would result in a serious injustice.

 

That said, there are many criteria in the Act which will be looked at to decide if a particular relationship actually falls within this definition of a De Facto relationship in the Family Law Act.

These include evidence of matters such as:

  • The duration of the relationship;

  • The nature and extent of common residence;

  • Whether there was a sexual relationship;

  • The ownership, use and common intention in the acquisition of property;

  • The nature and extent of a common residence;

  • The degree and commitment to a mutual shared life;

  • The public perception, aspects and reputation of the couple’s relationship;

  • Joint bank accounts and/or mortgages.

 

What sort of evidence do I need?

  • Photographs of functions you attended together

  • Wedding invitations to you as a couple

  • Neighbours’ observations of your daily life

  • Friends at dinner seeing that you share a bedroom

 

All these can be included in Affidavits which are documents filed at Court detailing statements of “witnesses” to the public aspect of your relationship which confirm its genuine nature.

 

The Way Ahead

The breakdown of a relationship is always stressful and trying to sort out children and finances can add a further strain as you try to move ahead.

We are happy to help you in resolving your dispute and defusing the conflict. Contact David H Cohen & Co to discuss related matters or any other legal concerns. You can also pop into our Sydney CBD office on Castlereagh st.

*Articles on our blog are for your information and do not constitute official legal advice

David H. Cohen & Co