Jonson Leo

The end of a de facto relationship tends to raise questions that a divorce does not. There is no formal dissolution process, no certificate to file, and often no shared understanding between the parties of what their legal rights actually are. That uncertainty can leave people either overestimating their entitlements or, more commonly, significantly underestimating them.

We help clients in Caulfield cut through that uncertainty. Whether you are in the early stages of a separation, trying to understand what you are entitled to claim, or facing a former partner who is already taking steps to protect their position, we give you clear and specific legal advice based on your actual circumstances.

The legal protections available to de facto couples

Changes to the Family Law Act that came into effect in 2009 brought de facto couples fully within the same legal framework as married couples for the purposes of property, maintenance and parenting. That applies across all de facto relationships, including same sex couples, and it does not depend on whether the relationship was ever formally registered.

The protections are substantial. They cover how assets built up during the relationship are divided, whether one party can claim ongoing maintenance from the other, and how parenting matters involving any children of the relationship are resolved. None of this is automatic, but all of it is available if the relationship meets the legal threshold.

Meeting the legal threshold

To bring a claim under the Family Law Act as a de facto couple, the relationship must have involved genuine cohabitation on a domestic basis. Beyond that, at least one of the following needs to be established:

• The couple lived together for a minimum of two years
• There is a child of the relationship
• One party made substantial contributions, financial or otherwise, that would cause injustice if unrecognised
• The relationship was registered under state or territory law
• Serious hardship would result for one party without a court order

Something that is easy to overlook: a de facto relationship can be legally valid even if one party was still technically married to a different person at the time. The court examines the substance of the relationship, not the formal status of the individuals within it.

Dividing assets and finances after a de facto separation

The same legal principles that govern property division in a divorce apply to the end of a de facto relationship. The court weighs what each party contributed across the whole relationship, including non-financial contributions such as caring for children, managing the household or supporting the other party’s career, and balances that against what each party is likely to need going forward.

We handle the full range of de facto property matters for Caulfield clients, from relatively straightforward situations to more complex cases involving businesses, significant superannuation, family contributions, trusts and assets held in structures designed to limit one party’s apparent exposure.

Acting within the time limit

The deadline for commencing de facto property or maintenance proceedings is two years from the date of separation. This is a firm legal deadline, not a guideline. Once it passes, court permission is required to proceed and there is no guarantee that permission will be granted.

If you are within that two year window or uncertain when it started running, getting advice now is the single most important thing you can do to protect your position.

Speak with a de facto lawyer in Caulfield

Whether you are navigating a separation, trying to understand your rights while the relationship is still intact, or wanting to put a financial agreement in place, we are here with advice you can rely on.

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