Jonson Leo

A lot of people in de facto relationships assume the law does not apply to them the same way it does to married couples. That assumption can be costly. Whether you are separating, trying to understand your entitlements, or simply want to know where you stand, getting proper legal advice early makes a significant difference.

As a de facto lawyer servicing Glen Iris and the surrounding areas, we help couples work through the legal side of their relationship with clarity and care. We take the time to understand your situation properly before we give you any advice.

De facto couples have the same legal rights as married couples

Since amendments to the Family Law Act came into effect in 2009, de facto couples in Australia, including same sex couples, have the same legal rights and protections as married couples. That covers property division, spousal maintenance and matters involving children.

You do not need to have been formally registered or to have a marriage certificate for the law to apply to your relationship. What matters is whether your relationship meets the legal definition of a de facto relationship, and in many cases it does, even if you have never thought of it in those terms.

What makes a relationship de facto under the law

To qualify as a de facto relationship for the purposes of family law, you and your partner must have lived together on a genuine domestic basis. Beyond that, at least one of the following needs to apply:

• The relationship lasted for at least two years
• You have a child together
• One partner made substantial financial or personal contributions to the relationship that would cause genuine unfairness if not recognised
• The relationship was formally registered
• There are circumstances where not making an order would cause real hardship to one of the parties

It is worth noting that a de facto relationship can exist even if one of the parties is still legally married to someone else. The law looks at the substance of how two people were living, not just their formal status.

What we help de facto couples with

The issues that come up at the end of a de facto relationship are often just as complex as those that arise in a marriage. Property that was bought together, finances that became intertwined over years, businesses built side by side, and children whose lives now need to be reorganised across two households.

We help clients work through all of it, including:

• How property and assets are divided when a de facto relationship ends
• Spousal maintenance and whether one partner has an entitlement
• Parenting arrangements and the best interests of any children involved
• Financial agreements, both before a relationship begins and during it
• Understanding your rights if your partner has already taken steps without you

We look at the details of your particular situation rather than applying a one size fits all approach. Every relationship is different and the outcome that is achievable for you depends on the specific facts.

Time limits apply, so do not wait too long

One important difference between de facto relationships and marriages is the time limit for making a property or maintenance claim. In most cases, you have two years from the date of separation to bring a claim. After that, you generally need the court’s permission to proceed, which is not always granted.

If your relationship has ended recently, or if you are unsure where things stand, getting advice sooner rather than later protects your options.

Speak with a de facto lawyer in Glen Iris today

Whether you are in the middle of a separation, thinking ahead, or simply trying to understand what your relationship means legally, we are here to help.

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