De Facto Separation Lawyers
Understanding De Facto Relationships and Separation in Australia
Speak with an experienced de facto seperation lawyer
What Constitutes a De Facto Relationship?
Under the Family Law Act 1975, a de facto relationship exists when two individuals, who are not legally married and have no familial ties, live together in a genuine domestic partnership.
While this definition provides a foundation, the court considers several factors to determine whether a relationship qualifies as de facto, including:
- The duration of the relationship (generally two years or more)
- The nature and extent of cohabitation
- The presence of a sexual relationship
- The degree of financial dependence or interdependence
- Joint ownership, use, or acquisition of property
- Whether the couple has children together
- The public perception of the relationship
Each case is assessed individually, and no single factor is decisive. Courts take a broad approach to ensure that relationships are fairly recognised based on their unique circumstances.
De Facto Separation: Your Legal Rights
Just like a divorce in marriage, de facto separations require legal and financial considerations, particularly when it comes to property division and spousal maintenance. If you have been in a de facto relationship, you may be entitled to a property settlement, provided that:
- You have been in the relationship for at least two years, or
- You share a child with your former partner, or
- You made substantial financial or non-financial contributions to the relationship, or
- The relationship was registered under state or territory law.
Property Settlements and Spousal Maintenance
When a de facto relationship ends, assets and liabilities must be fairly divided. The process follows similar principles to marital property settlements, meaning the court will consider:
- The financial and non-financial contributions of each party
- The future needs of both individuals, including their earning capacities
- The care and welfare of children, if applicable
If one party is financially disadvantaged following the separation, they may also be eligible for spousal maintenance. Unlike property settlements, spousal maintenance is not automatic and depends on whether one party cannot meet their own financial needs and the other has the capacity to provide support.
Contact Us for Confidential Legal Support
It is important to act quickly after separation, as de facto partners must apply for property settlements or spousal maintenance within two years of separation. If this deadline is missed, court permission is required to proceed, which can be complex and uncertain.
Navigating a de facto separation can be challenging, particularly when disputes arise over assets, financial contributions, or parenting arrangements. Seeking early legal advice from an experienced De Facto Separation Lawyer ensures that your rights are protected and that you achieve a fair and equitable resolution.
Whether you are considering separation or need assistance with property division, professional legal guidance can provide clarity, confidence, and peace of mind during this critical time.