Dispelling the Myth: ‘We have been together for 6 months so he/she automatically gets half.’
“We have been together for 6 months so he/she automatically gets half.” I cannot count the amount of times that I have heard this fallacy being tossed around. As a family lawyer, few things make me cringe more! For de facto couples in Western Australia, a Court can only make an order with respect to property adjustment or maintenance if:
- there has been a de facto relationship between the partners for at least 2 years; or
- there is a child of the de facto relationship under 18 and failure to make the order would result in a serious injustice to the partner caring or responsible for the child; or
- the de facto partner who applies for the order made substantial contributions and failure to make the order would result in serious injustice to the partner.
- the length of the relationship between them;
- whether the 2 persons have resided together;
- the nature and extent of common residence;
- whether there is, or has been, a sexual relationship between them;
- the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
- the ownership, use and acquisition of their property (including property they own individually);
- the degree of mutual commitment by them to a shared life;
- whether they care for and support children;
- the reputation, and public aspects, of the relationship between them.