When a de facto or same sex relationship breaks down, the laws about dividing assets are similar to those that apply when a marriage breaks down providing that at least one of the following specific criteria is met:

• The parties have lived together for two years;
• There is a child of the relationship;
• That have been substantial contributions made to property owned by either party.

All assets – including jointly-owned assets and debts, separately-owned assets and debts and whether or not the assets were owned before your relationship started are relevant.

How these assets are divided depends on your individual circumstances. Generally, the law takes into account the following:

• Assets and liabilities each of you brought to the relationship
• Contributions made by each of you during your relationship (both financial and non-financial)
• Care for a child, including a child of your relationship
• Circumstances during your relationship affecting the earning capacity of either of you
• Financial resources you each have (including superannuation).

SA Family Lawyers has considerable experience and expertise working with couple separating from de facto relationships.