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Defacto Relationship question

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  • Defacto Relationship question

    Okay question:

    I am seeing this girl at the moment, who has young kids from a previous relationship right.
    It is getting to the stage where we want to move in together in a couple of months and I need to get some things worked out prior too this.
    Firstly, after we live together for a while, we enter a defacto relationship. Does this mean that if we were to split up after we become defacto, I have to pay child support to her, despite them not being mine..
    Secondly, if we have joint bank accounts, will this change anything in the eyes of the law? We are both students and earn feck all, so having joint accounts makes things a lot financially easier...

    Any help appreciated..

  • #2
    Originally posted by Specwarop View Post having joint accounts makes things a lot financially easier...
    I personally wouldn't if it's just a de-factorino.
    FEADCinc, PSB?


    • #3
      Originally posted by Specwarop View Post
      Does this mean that if we were to split up after we become defacto, I have to pay child support to her, despite them not being mine..
      No, only the biological father pays the child support
      Signed ....Mal....

      Originally posted by The Saint
      Ride the boner that gives you the biggest bike.


      • #4
        after 6 months of liveing together . thats when the laws come into it . so just move out before that . lol


        • #5
          I think that if you are living together for 2years or more, the law classes you as in a defacto relationship. The property you attain while you are living together would be subject to distribution if you ever split - I think.

          and I don't think you would need to pay child support, because you are not the biological father.

          As for joint accounts - I wouldn't recommend it but each to their own.


          • #6
            Oh wow Fredie... is it only 6months??


            • #7
              Try Legal Aid WA (Information Line - 1300 650 579)

              If that's no good you'll need to find a Family Lawyer.
              Originally posted by The Wolf
              That's thirty minutes away. I'll be there in ten.


              • #8
                I don't know anything about your situation or what the law says. But if you are asking these questions you shouldn't do it until you speak to someone who is in the know. Call the bank and ask them about the situation, they might not know but they should be able to pass you onto someone who does.

                If you are student you are eligible for free* savings accounts with various banks.
                *conditions etc will apply.


                • #9
                  ***Disclaimer: not a lawyer just what I think I know***

                  As far as child support, no, lot unless you officially adopt them as your children I'm pretty sure.

                  As far as money it don't think it changes anything from a legal stand point since if you were to split and then divvy everything up separate accounts would be included in what you have to divvy up.


                  • #10
                    Whilst I do not believe that you would be liable for maintenance if the relationship fails, the best place to get an answer is a lawyer that specialises in Family Law.

                    Depending upon where you live, there may be a community legal centre near by that you can go to for some free advice. You will generally find that community law centres have a reasonable knowledge of family law.

                    A directory of community law centres can be found at Directory - Community Legal Centres Association WA


                    • #11
                      Originally posted by Rosalie View Post
                      Oh wow Fredie... is it only 6months??
                      worse than that last i heard was 3 months for property.

                      generally only the biological father pays child support but i have witnessed a case where a "father figure" wanted to continue seeing the child after their breakup as they had developed their own relationship, the child knew him as dad from 2yo to 9yo and he was told the only way she would allow him access is if he paid child support like their biological father.
                      So he paid it under the same system as the childs father for 7 years and now has a 16 year old boy who calls him dad and still stays over on weekends, yes to some it's a very strange situation there is no blood relation but no different to an adoption really and he's a fairly well balanced 16 year old compared to one who was deserted by his "father" at 9 years old and not allowed to see him again.

                      there is a lot more to think about than how much money you might lose.
                      Do you remember the good old days before the internet?

                      when arguments were only entered into by the physically or intellectually able.


                      • #12
                        I have no knowledge of the law regarding the situation you are in, so just like all the people above me i am going to give an opinion.


                        If you truly love her it will not hurt.


                        • #13
                          We came across this recently when setting up trusts for estate planning.

                          I believe the minimum time is 6 months in a relationship (where it is common knowledge from other people that you are in a proper
                          relationship). I'm not sure what the sources are of the 'two years' or 'three months' as others have said.

                          In one case, a man who did not have a will, was having an affair with another women. After he died, his mistress was able to
                          make a claim on his estate because she was able to prove that they had a defacto relationship. For example, her neigbours
                          saw him regularly and it was known by others that the two were for all intents and purposes in a relationship.

                          If you were to breakup it really only becomes financially messy when there are significant assests at stake.
                          Spiral out, keep going...


                          • #14
                            Joint bank accounts may be circumstantial evidence that you are in a defacto relationship if the proving is a concern... say for immigration reasons. But you didn't indicate that's an issue. As others have mentioned, seek proper (and free) legal advice on your specific circumstances.

                            Another consideration for you though... for tax purposes, certain rebates may apply regardless of time in a de facto relationship. However, these are applied pro-rata.


                            • #15
                              Good on you for looking for advice to help cover your arse in this situation, and not just blindly stumbling into it. A family law firm will provide you with the info you need (for the appropriate fee of course) and be able to back it up.

                              But honestly, if you're really concerned about this, are you really ready for this step?
                              A cynic is a man who, when he smells flowers, looks around for a coffin.

                              Dear god, it's some weird bastardized three wheeled two person go-kart.