De Facto Relationships

What is A De Facto Relationship?

In Australia, a de facto relationship is legally recognised when two people live together as a couple without being married. Under the Family Law Act, specific criteria must be met for a relationship to qualify as de facto, granting the couple rights similar to those of married couples. Generally, a relationship is considered de facto if:

The couple has lived together for at least two years, or
They share a child, or
They have intertwined finances or joint property.

Beyond these requirements, other factors may also be relevant, including the degree of financial dependence, joint household responsibilities, and whether the couple is socially regarded as a couple. Even if the couple maintains some financial independence, the relationship may still be deemed de facto based on these broader indicators of partnership.

A legally recognised de facto relationship affects property division, financial entitlements, and child arrangements should the couple separate. Understanding these implications can be essential to navigating your rights and obligations in a de facto partnership.

We Will Assist You With:

Eligibility- and registration of de facto relationship

Determining if your relationship qualifies as de facto can be complex, especially when it affects important rights such as property division and financial support. At De Saxe O’Neill Family Lawyers, our team will guide you through the specific criteria under NSW Law, helping you understand if your partnership meets the legal requirements to be considered de facto.

For instance, the Family Law Act looks at factors such as the duration of your relationship, financial dependence, shared property, joint household responsibilities, and how you’re regarded as a couple in your social circles. If you and your partner meet these criteria, your relationship may be legally recognised with similar rights to those of married couples.

Additionally, if you wish to formalise your relationship, we can advise on the process of registering as a couple. Our family lawyers are here to address any concerns, clarify eligibility requirements, and ensure you are fully informed about your legal status and potential entitlements.

De Facto Break up entitlements

In the event of a de facto breakup, our family lawyers provide comprehensive legal support to help you understand and secure your entitlements. This may include rights to a financial settlement, division of property, and legal assistance for child support arrangements. Navigating these issues can be overwhelming, but our team is here to guide you through each step with clarity and care.

We work closely with you to assess and advocate for your entitlements regarding shared assets, property settlements, and any necessary financial support, including spousal or child support. With extensive experience in de facto relationship matters, our legal team is committed to safeguarding your best interests. We understand the sensitivity of these situations and handle each case with care, professionalism, and dedication to achieving a fair outcome for you and your loved ones.

We’ll Assist You Legally in This Difficult Time

Going through a de facto relationship breakdown can be emotionally challenging, especially when legal matters like property division, financial support, and child arrangements come into play. At De Saxe O’Neill Family Lawyers, our team is dedicated to offering compassionate, personalised assistance to help ease the process. We understand that every family situation is unique so we always take the time to listen and address your specific concerns.

Our goal is to guide you through each legal step with clear advice and steady support, so you feel confident and informed as you move forward. From understanding your entitlements to crafting solutions that support your family’s needs, we’re here for you every step of the way.

If you need assistance, please reach out to discuss how we can support you during this time. Contact our team today on 02 9948 3820 or by e-mail, to schedule a consultation.