About De Facto Relationships
Our team can help you with a property settlement & arrangements for your children.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- The law
- CHILDREN
- PROPERTY
FreePhone case assessment
Let’s talk about your relationship confidentially. We will need to run through some basic details with you to ensure we can actually provide some valuable assistance. Get the process started now, by making a quick enquiry.
Book appointment with a family lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Once you have run through everything with our team, you might decide to proceed with a property settlement and formal arrangements for your children. Our fixed fee quote will allow you to avoid any nasty surprise legal bills.
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
The Law
1. A person is in a de facto relationship with another person if:
- a. the persons are not legally married to each other; and
- b. the persons are not related by family (see subsection (6)); and
- c. having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
2. Those circumstances may include any or all of the following:
- a. the duration of the relationship;
- b. the nature and extent of their common residence;
- c. whether a sexual relationship exists;
- d. the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
- e. the ownership, use and acquisition of their property;
- f. the degree of mutual commitment to a shared life;
- g. whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
- h. the care and support of children;
- i. the reputation and public aspects of the relationship.
In Plain English
You are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis. Usually, you will need to demonstrate that you have lived together for at least two years. This is overlooked if there is a child of the relationship, or in other exceptional circumstances.
De facto status is not achieved through any formal ceremony, but automatically applies when two people meet the criteria. Unlike marriage, de facto status is not entirely portable.
In addition to meeting the definition of a de facto relationship, a party who makes an application to the Court must also satisfy one of the following:
- that the period, or the total of the periods, of the de facto relationship is at least 2 years; or
- that there is a child of the de facto relationship; or
- that the party to the de facto relationship who applies for the order made substantial contributions of a kind and failure to make the order or declaration would result in serious injustice
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
De Facto & Children
Issues relating to the children of de facto couples fall under the Family Law legislation and can be dealt with through the Family Court.
The legislation places parental responsibility on both parents, regardless of whether they separate or enter new relationships. Parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.
For more information see Child Custody
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
Defacto and property
The options of property settlement options for de facto couples include:
Financial Agreements
Some de facto couples choose to draw up financial agreements before or during their relationship, which are similar to the well-known "pre-nuptial" agreement. In a similar way, separation agreements can be drawn up in anticipation of, or immediately following a relationship breakdown.
Consent Orders
In the case that there is a dispute, it is always advisable to enter into mediation. If an agreement can be made, it is then possible to apply for Consent Orders through the Court, which formalises the agreement. This is dependent on whether the Court is satisfied that the agreement is "just and equitable" to both parties, and that both parties have sought independent legal advice.
Property Orders
For situations where there has been no prior financial agreement, parties of a de facto relationship or a close domestic relationship can apply for property orders. The decision is then made through a court hearing. Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously.
Time limitations
An application for property adjustment or maintenance must be made within two years of separation. A party may seek leave to make an application after this time if the court is satisfied that either:
- hardship would be caused to the party or a child if leave were not granted; or
- the party's circumstances were such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Let’s talk about your relationship confidentially. We will need to run through some basic details with you to ensure we can actually provide some valuable assistance. Get the process started now, by making a quick enquiry.
Book appointment with a family lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Once you have run through everything with our team, you might decide to proceed with a property settlement and formal arrangements for your children. Our fixed fee quote will allow you to avoid any nasty surprise legal bills.
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
The law
The Law
1. A person is in a de facto relationship with another person if:
- a. the persons are not legally married to each other; and
- b. the persons are not related by family (see subsection (6)); and
- c. having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
2. Those circumstances may include any or all of the following:
- a. the duration of the relationship;
- b. the nature and extent of their common residence;
- c. whether a sexual relationship exists;
- d. the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
- e. the ownership, use and acquisition of their property;
- f. the degree of mutual commitment to a shared life;
- g. whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
- h. the care and support of children;
- i. the reputation and public aspects of the relationship.
In Plain English
You are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis. Usually, you will need to demonstrate that you have lived together for at least two years. This is overlooked if there is a child of the relationship, or in other exceptional circumstances.
De facto status is not achieved through any formal ceremony, but automatically applies when two people meet the criteria. Unlike marriage, de facto status is not entirely portable.
In addition to meeting the definition of a de facto relationship, a party who makes an application to the Court must also satisfy one of the following:
- that the period, or the total of the periods, of the de facto relationship is at least 2 years; or
- that there is a child of the de facto relationship; or
- that the party to the de facto relationship who applies for the order made substantial contributions of a kind and failure to make the order or declaration would result in serious injustice
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
Children
De Facto & Children
Issues relating to the children of de facto couples fall under the Family Law legislation and can be dealt with through the Family Court.
The legislation places parental responsibility on both parents, regardless of whether they separate or enter new relationships. Parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.
For more information see Child Custody
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
Property
The courts and prosecution take common assault charges seriously, if you are convicted of a common assault it can have a big effect on your life and mental wellbeing. It's important to remember that with a good legal team even if you are found guilty they can help to reduce any possible penalties that might be enforced. It's also possible in certain circumstances to make an application to stop a conviction showing up on a criminal record check for employment purposes.
Defacto and property
The options of property settlement options for de facto couples include:
Financial Agreements
Some de facto couples choose to draw up financial agreements before or during their relationship, which are similar to the well-known "pre-nuptial" agreement. In a similar way, separation agreements can be drawn up in anticipation of, or immediately following a relationship breakdown.
See more information about BFA here
Consent Orders
In the case that there is a dispute, it is always advisable to enter into mediation. If an agreement can be made, it is then possible to apply for Consent Orders through the Court, which formalises the agreement. This is dependent on whether the Court is satisfied that the agreement is "just and equitable" to both parties, and that both parties have sought independent legal advice.
See more information about Consent Orders here
Property Orders
For situations where there has been no prior financial agreement, parties of a de facto relationship or a close domestic relationship can apply for property orders. The decision is then made through a court hearing. Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously.
See more information about Property Orders Process here
Time limitations
An application for property adjustment or maintenance must be made within two years of separation. A party may seek leave to make an application after this time if the court is satisfied that either:
- hardship would be caused to the party or a child if leave were not granted; or
- the party's circumstances were such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.
Get De Facto Advice Today.
We can give you sound legal advice about property and children.
Lawyers with substantial de facto family law experience
Meet with lawyers that have been through the process with de facto couples many times before.
- Past Cases
- Good Results
- Happy Clients
