Legal entitlements following a de facto separation are now very similar to matrimonial settlements. As such, there is sometimes confusion as to what constitutes a de facto relationship.
De facto relationships are defined as a relationship with another person, including same sex relationships, where the parties are not legally married, not related by family and have a genuine relationship as a couple who are living together
Usually, you will need to demonstrate that you have been together, in a genuine relationship, for more than two years, although this may be overlooked if the couple have a child or there are other extenuating circumstances. De facto status automatically applies when the criteria is met under Australian law; there is no requirement for a formal ceremony.
Entitlements following separation apply whether the couple was married or in a de facto relationship. Daykin Family Law are able to provide expert legal advice for;
There is a limit of two years within which you can apply for property settlement or spousal maintenance under the Family Law Act. After this, a settlement agreement can only be made between the ex-couple privately or with permission from the court.
We are also able to provide advice before or during a de facto relationship to avoid disputes in the event of a relationship breakdown in the form of a Binding Financial Agreement.
Daykin Family Law are family lawyers in Brisbane, Australia, who have the expertise to help you with legal matters surrounding de facto separation agreements.
If you require assistance with de facto property settlement or maintenance or would like to find out more about your options and rights, then contact us for sound, pragmatic advice.
Please fill out this form and one of our team will be in touch with you as soon as possible.