What's happening?
Couples in a de facto relationship can generally access property settlement and other family law processes on a similar basis to married couples, though there are some differences in eligibility requirements. Whether a relationship is recognised as de facto depends on a range of factors, including how long the couple lived together and the nature of their relationship.
What could it mean for me?
- Eligibility requirements for de facto property claims can differ from those for married couples
- The nature and length of the relationship can be relevant to establishing de facto status
- Property, superannuation and, in some cases, maintenance claims may be available
- Parenting matters for children of a de facto relationship are generally dealt with in the same way as for married couples
What are my options?
- Seek advice on whether your relationship is likely to be recognised as de facto
- Negotiate a property settlement with your former partner
- Consider formalising arrangements through consent orders or a financial agreement
What happens next?
- Discuss the nature and length of your relationship with a family lawyer
- Identify the property pool and any relevant financial contributions
- Negotiate a proposed settlement
- Formalise any agreement or, if needed, apply to the court
How can MGE Lawyers help?
We advise de facto couples on their rights and options following separation, including whether their relationship is likely to meet the requirements for a property or other claim.
We assist with negotiating and formalising outcomes, or representing clients in proceedings where agreement cannot be reached.