Jonson Leo

The end of a long-term relationship is difficult regardless of whether there was a marriage certificate involved. But for de facto couples, there is often an added layer of uncertainty. What rights do you actually have? Does the law even apply to your situation? And what happens to everything you built together if the relationship ends?

These are questions we answer every day for clients in Murrumbeena and the surrounding area. De facto law in Australia has changed significantly over the past decade and a half, and the protections it now provides are far more substantial than most people expect. Understanding where you stand is the starting point for everything else.

Your rights as a de facto partner are stronger than you think

Since 2009, the Family Law Act has treated de facto couples in Australia the same way it treats married couples when it comes to property, spousal maintenance and parenting matters. That includes same sex couples. The legal framework is identical, the courts that handle these matters are the same, and the outcomes available to you are the same.

What this means in practice is that a long-term de facto relationship carries real legal weight. Contributions you made over the years, financial or otherwise, are recognised. Future needs are taken into account. And the fact that you never formalised the relationship through marriage or registration does not strip you of entitlements that the law says you have.

How the law defines a de facto relationship

To access these protections, a relationship needs to meet the legal definition of a de facto relationship. The starting point is that both parties lived together on a genuine domestic basis. From there, at least one of the following must also be satisfied:

• The couple lived together for a minimum period of two years
• There is a child of the relationship
• One party made substantial contributions, financial or personal, that would be unjust to ignore
• The relationship was registered under the relevant state or territory legislation
• One party would face genuine hardship if the court did not intervene

One thing that surprises many people: a de facto relationship can be legally recognised even if one of the parties was still married to someone else at the time. The law assesses the reality of how two people lived together, not their status on paper elsewhere.

Separating as a de facto couple, what needs to be worked out

When a de facto relationship ends, the legal questions that arise are much the same as those in a divorce. The shared home, joint savings, superannuation, debts, business interests, and the question of what each person contributed and what each person will need going forward. None of it resolves itself automatically.

We help Murrumbeena clients work through all of it, including:

• Property division and how the asset pool is fairly assessed
• Superannuation splitting and how it factors into the overall settlement
• Spousal maintenance where one party has significantly lower earning capacity
• Financial agreements that protect both parties and hold up legally
• Parenting arrangements for any children of the relationship
• What to do when your former partner has already taken steps to protect their position

Every situation is different and the right outcome depends on the specific facts of your relationship. We take the time to understand yours properly before giving any advice.

Acting before the two year window closes

De facto property and maintenance claims must generally be commenced within two years of the date of separation. This is a hard deadline. Once it passes, you need the court’s leave to proceed and there is no certainty that will be granted.

If your relationship has ended recently, or if you are unsure when the clock started running, getting advice now protects your options. Waiting to see how things settle on their own is one of the most common mistakes people make in this area, and it is one of the most costly.

Speak with a de facto lawyer in Murrumbeena

Whether you are in the middle of a separation, trying to plan ahead while things are still amicable, or wanting to understand what a financial agreement would mean for your situation, we are here with clear and practical advice.

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