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De facto relationship law

De facto relationship law

We advise clients in de facto relationships on their legal rights and responsibilities, including property settlement, maintenance and financial agreements, providing clear guidance and support through negotiations, documentation and court processes when required.

We understand that every relationship is unique, and so are the challenges that can arise when a de facto relationship ends. Whether you have recently separated or are thinking about doing so, we provide clear, compassionate advice to help you understand your rights and options.

Under Australian family law, de facto couples, including same-sex couples, have the same legal rights and responsibilities as married couples when it comes to property division, superannuation splitting and maintenance.

You may be considered to be in a de facto relationship if you and your partner have lived together on a genuine domestic basis and share a committed life together, even if you are not married. The Court will look at factors such as:

  • How long you’ve been together
  • Whether you have lived together and for how long
  • Any shared financial arrangements
  • Whether you have children together
  • Your mutual commitment to a shared life

Generally, a couple must have been together for at least two years to qualify as de facto partners, though there are exceptions, for example, where the couple has a child or one partner has made significant financial or non-financial contributions.

De facto relationship breakdowns can be legally complex, particularly when questions arise about whether a relationship existed, when it began, or when it ended. We can help you navigate these challenges with care and clarity.

We can assist you with:

  • Determining whether your relationship meets the legal definition of a de facto partnership
  • Negotiating and drafting Financial Agreements
  • Providing advice on property settlement, maintenance, and superannuation division
  • Preparing court documents, including affidavits, parenting orders, and witness statements
  • Representing you in mediation or court proceedings if necessary

Strict time limits apply to property and maintenance claims after a de facto relationship ends. We recommend seeking legal advice as early as possible to protect your rights.

Even if separation is not on your mind, understanding your legal position in a de facto relationship can bring peace of mind. We can help you plan ahead, from protecting your assets to ensuring financial clarity for both partners.

We approach every case with empathy and discretion. Our goal is to help you move forward with confidence, clarity, and dignity, whatever stage of the process you are in.

De facto relationship law

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We welcome the opportunity to discuss your situation confidentially—by phone, in person or via the form below.

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