DeFacto Separations

DeFacto Separations

In South Australia, both the Family Court and the Federal Circuit Court now have the jurisdiction to deal with the division of property between de facto couples separating.

After a de facto relationship ends, if no agreement can be reached as to the division of assets, either of the partners may apply to the Family Court or the Federal Circuit Court  for the division of property or determination of children’s issues.

There are a number of factors that will determine whether or not your circumstances will enable you to bring such an application and these include:
• Whether or not either you or your former de facto partner are resident in South Australia when the application is made; and
• Whether or not either you or your former de facto partner were resident in South Australia for the whole or a substantial part of the period of the relationship; and
• Whether or not there is a child of the de facto partners.

It is important to note that an application for the division of
property must be made within two years after the end of the relationship unless the court, after considering the interests of both de facto partners, is satisfied that extension of this period of limitation is necessary to avoid serious injustice.