De Facto Separation

We able to assist you with your De Facto Separation and Property Settlement Issues

A heterosexual or same-sex de facto separation entails similar maintenance rights, arrangements regarding dependent children from the relationship, financial and property settlement remedies, as for legally married couples since 2009 in most Australian states. De facto couples have a right to seek a de facto property settlement where there is a de facto relationship and they have lived together for 2 years, or they have made substantial contributions, or they have a child together.

What is a De Facto Separation?

Under the law, separation occurs when one party forms the intention to end the common law marriage or relationship, communicates the decision to their partner and acts upon it. The separation date is important because for de facto couples a limitation period operates two years from the date of separation. The statute bars you from bringing a de facto property settlement adjustment claim after that day without court permission and influences other aspects such as assessing contributions made to a property by the parties between the separation and judgement dates.

Estrangement from a partner is itemised as the third most traumatic life event on the original top-ten Holmes-Rahe Life Stress Inventory list, and you need knowledgeable, supportive assistance to move through this episode.

We can help you do so.

Reasons to Trust Hooper & Mill Family Lawyers Regarding Your De Facto Property Settlement

Why not make an appointment for an initial consultation with us? During your consultation (which may last up to two hours), we listen to you, acquire background information on your common law marriage, advise you on family law concerns relevant to your situation, and cooperate with you to find solutions. We modify our approach to individual circumstances and offer written guidance regarding all matters we talked about and the answers to questions you posed.

Apart from establishing the existence of a common-law relationship, you need to also establish one of three other matters to bring into effect a de facto property adjustment or maintenance application. These are the domestic relationship lasting two years, children resulting from the relationship or proving significant contributions to assets and superannuation (financial or non-financial).

Let us help you resolve these complicated legal matters so you can move forward with your life.

We can provide Court representation, advice and prepare documents for financial support arrangements, the care and support of children, and related applications. Contact us via our online form, give us a call, or send us an email.

We are here for You

Sometimes good things fall apart, so that better things can Fall Together

Building H, Shop 27, Victoria Point Lakeside
7-27 Bunker Road, Victoria Point QLD 4165
+61732077663
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