Are you wondering if you need a lawyer to defend you in court? I'm here to tell you that you do. People with legal representation get much better deals when they have their day in court - and you won't get a second chance if you don't get it right the first time. If you are feeling uncertain about representing yourself, on whether you need a lawyer or the best way to choose a lawyer my site has all the useful information and links you could need. Make sure you put you best foot forward when you are having your day in court.
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When a married couple decides to separate, go their own ways and apply for a settlement, a specific legal procedure will come into play. And in this situation, there will be no question over whether the two were legally and financially "together," due to the presence of their marriage certificates. But what can happen when two people are living together informally, also known as a "de facto" couple? Does this make property settlement or spousal maintenance more complex, and what happens if one party denies the relationship?
Definition Of De Facto
For many years now, Australian law has recognised the existence of the de facto relationship and can often give it the same weight as a more formal marriage. Still, the two people must have a relationship that is similar to that of a couple living together on a genuine domestic basis. Further, a court will consider other elements, such as the duration of the relationship, the existence (or not) of a sexual relationship and the degree of financial dependence between them. If children are involved, their care and support will be primary and will clarify the existence of a de facto relationship.
The Discretion Of The Court
The most important thing to remember is that a court will have full discretion when it comes to determining if the de facto relationship is present. So, even if one party (for their own reasons) wants to deny the existence of the relationship, the court can look at the whole matter in the round and may rule the opposite way.
How To Support Your Case
It's always best to register a de facto relationship, even if this does not provide the same proof as a marriage certificate. More importantly, both parties should record any contribution they make and ensure that there is a paper trail to back up their position. For example, you could show that you had lived under the same roof as the other party for a given number of years or may have contributed towards the overall cost of maintaining that household. You could bring forward copies of bills to support your position and ask people outside the relationship to be a witness.
Professional Help Needed
This is a potentially complex situation, especially if the other party does not want to take the easy route. So, to make sure that you get proper representation and do not make any mistakes along the way, engage the services of a family lawyer.
Contact a local legal practice, such as Marriott Oliver Solicitors Pty Ltd, to learn more.
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