The end of a de facto relationship can raise many of the same legal issues as the end of a marriage. Property, financial support and parenting arrangements may all need careful attention.
Rosewood Law advises people in both opposite-sex and same-sex de facto relationships, helping you understand your rights and entitlements while pursuing practical and equitable outcomes.
We give clear advice on eligibility, property division, financial claims and dispute resolution, and we move quickly where the two-year time limit is approaching.
How we can help
- Whether your relationship qualifies as de facto
- Property settlements and superannuation splits
- De facto spousal maintenance
- Parenting arrangements
- Cohabitation and separation agreements
How the process works
- 1
Confirm eligibility
We check whether the relationship meets the Family Law Act requirements for a de facto claim.
- 2
Diarise the time limit
Claims generally must be started within two years of separation. We confirm your date and protect it.
- 3
Resolve the issues
Property, maintenance and parenting are dealt with by negotiation, mediation or Court as needed.
- 4
Make it final
Agreements are documented through Consent Orders or a Binding Financial Agreement.
Common questions
When does a de facto relationship qualify for a property claim?
Generally where the relationship lasted at least two years, there is a child of the relationship, the relationship was registered, or one party made substantial contributions and an order is needed to avoid serious injustice.
Do we need to have lived together the whole time?
Not necessarily. The Court looks at many factors, including shared residence, finances, a sexual relationship, care of children and how the relationship was presented to others.
What is the time limit for de facto claims?
Generally two years from the date of separation. Applying later requires the Court's permission.
This page is general information only and is not legal advice. Contact us for advice on your circumstances.