Jonson Leo

Many people who have been in a de facto relationship for years are genuinely surprised to learn how much legal protection they have. Others are caught off guard when a relationship ends and they realise they are not as protected as they assumed. Either way, knowing where you stand before a dispute arises is far better than finding out during one.

We help de facto couples throughout Ashburton and the surrounding suburbs understand their legal position, plan ahead where that is possible, and navigate the process when a relationship ends. Whether your situation is straightforward or involves significant assets, children or a complicated history, we will give you clear and practical advice from the outset.

De facto relationships carry real legal weight

Since changes to the Family Law Act came into effect in 2009, de facto couples have had essentially the same legal standing as married couples when it comes to property, spousal maintenance and parenting matters. That applies to all couples, including same sex couples, and it does not depend on whether the relationship was formally registered.

What the law looks at is the nature of the relationship itself. How long you lived together, how finances were managed, how you presented as a couple, whether you have children together. These factors build a picture of the relationship that the law then responds to. In many cases, people are surprised by how readily their relationship qualifies.

Does your relationship qualify under the law

To be recognised as a de facto relationship for family law purposes, you need to have lived together in a genuine domestic arrangement. Beyond that, at least one of the following must also apply:

• The relationship continued for a minimum of two years
• There is a child of the relationship
• One party made substantial contributions, financial or otherwise, that would make it unjust not to recognise them
• The relationship was registered under state or territory law
• Serious hardship would result for one party if the court did not make an order

Worth knowing: the law does not require both parties to be single. A de facto relationship can exist even where one person remains legally married to someone else. What counts is the reality of how the couple lived, not their formal status elsewhere.

What happens to property when a de facto relationship ends

Property division after a de facto separation follows the same legal framework as it does for married couples. The court looks at what each person contributed over the course of the relationship, both financially and in other ways, as well as what each person is likely to need going forward.

Non-financial contributions count. A partner who managed the household, raised children, or supported the other’s career while earning less themselves has made a genuine contribution that the law recognises. We make sure that contribution is properly accounted for in any settlement.

We also regularly handle matters where the asset pool is more complex, including properties held in trusts or family structures, businesses, and situations where one party has made disproportionate contributions with the help of their own family.

Children and de facto relationships

Parenting matters for de facto couples are dealt with under exactly the same laws as those for married couples. There is no distinction. If you and your former partner cannot agree on arrangements for your children, the court will apply the same best interests framework it applies in any other parenting case.

Whether you need help reaching an agreement through negotiation or mediation, or you need to take the matter further, we handle parenting disputes for de facto couples in Ashburton with the same depth of experience we bring to all our family law work.

The two year time limit you need to know about

One of the most important differences between de facto separations and divorces is the deadline for making a property or maintenance claim. In most cases, you have two years from the date of separation to commence proceedings. Once that period passes, you need the court’s permission to proceed, and there is no guarantee that permission will be granted.

If your relationship has ended recently or if you are unsure when the clock started, getting advice now rather than later is important. Time limits in family law are real and the consequences of missing them can be significant.

Speak with a de facto lawyer in Ashburton

Whether you are separating, trying to understand your entitlements, or wanting to put a financial agreement in place while things are still amicable, we are here to help. We take the time to understand your situation fully before we give you any advice.

Call us on 03 9793 7888 to book a free initial consultation.