In other words, as life partners. If you and your partner have moved in together, you’re probably in a de facto relationship. This includes same-sex partners.
De facto and marriage are similar in many ways. However, there are some critical differences in the property rights of de facto partners, as well as the evidence that de facto partners may need to prove their relationship. De facto partners may also make binding financial agreements before, during or after their live-in relationship.
We’re experts in de facto relationship law. We can help you sort things out, no matter what your legal issue.
For example, you must have lived together for at least:
A key difference between de facto relationships and marriages is that legal rights apply as soon as you’re married, but de facto couples must satisfy time requirements before accessing the same legal rights.
If you and your de facto partner have children, there may not be any minimum time requirement. De facto rights may apply immediately. To find out more, contact us to arrange your first consultation.
If you lived together for at least two years, either you or your former de facto spouse can apply to a court to have the property of the relationship divided.
De facto partners will often seek legal assistance over their property rights if the relationship has come to an end. If you lived together for at least two years, either you or your former partner can apply to a court to have the property of the relationship divided. This is the property that you acquired during the relationship, and the property that either of you owned before cohabitation. It also includes superannuation.
Likewise, any property that you or your former partner buy or acquire after separating can be divided. This can happen right up until there is a resolution, for example, a property settlement or final court orders about the division of property. It includes share dividends and winning lottery tickets.
If it seems likely that you and your de facto partner may separate, we recommend getting legal advice as soon as possible.
Potential claims could include real estate, financial assets, shares, and debts. Spousal maintenance and some of your former partner’s superannuation is also a possibility.
If you’re making a property settlement claim against your former de facto partner, you can potentially claim for division of assets, including real estate, financial assets, shares, and debts.
You can also possibly claim spousal maintenance and some of your former partner’s superannuation. We can advise you about this once we know your situation.
Although your de facto relationship may be like a marriage, one of the key differences is in being able to prove the relationship. For example, if there’s a disagreement about whether you ever lived together. Married couples will only need to produce a marriage certificate as proof of their relationship. For a de facto relationship, you may need to provide evidence of cohabitation.
You’ll need to provide as many documents as possible, including:
We’ve got plenty of experience in this area, and we’ll guide you through.
If your de facto relationship has ended or is about to end, you’ll need legal advice as soon as possible.
You’ll need to know the date of separation, as well as the date you first started living together and any other key dates. For example, if you combined your finances, the date on which this happened.
In some circumstances, a court may waive minimum time thresholds, including:
We’ll help you work through these concerns regardless of how long you were living together.