De Facto Separation

If you were in a de facto relationship, this means you were in a relationship with someone you were not legally married to, you are not related by family, and you were living together on a genuine domestic basis. Usually, you would have been together at least two years or have a child together. Alternatively, there may be exceptional circumstances which may deem it unfair if the relationship is not recognised as a de facto.

​It is accepted by the Family Law Act that a person may be in multiple de facto relationships at once.

​Under Australian Law, separating de facto couples have substantially the same rights and liabilities as those of married couples with regard to property settlements. This includes claims for spousal maintenance and superannuation “splits”.

It is important you are aware that you have a time limit of two years from the date that the relationship ceased to make a claim against a former de facto partner, however an application for leave may be made if the time limit has lapsed.

​Click here to read more information about property settlement.

​If there are children from the relationship, it will be dealt through the Federal Circuit Court or Family Court. Click here for more information about children’s issues.

Contact our professional team and let us resolve your matter.

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