De Facto Lawyers Melbourne
If you're experiencing the breakdown of a de facto relationship, contact our specialist team for your first appointment so you know where you stand.
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De Facto Relationships in Family Law
The Pearsons Family Law team has experience in de facto relationships pre-dating the Family Law Act. This involves a proven history of dealing with such relationships in the County Court and Supreme Court of Victoria. De facto relationships are now covered by the Family Law Act.
It is important to be represented by a team of lawyers that understands the subtle differences between married couples and de facto relationships, especially the time limitations which apply in relation to making a claim post separation.
Areas of expertise include:
- The ability to make a spousal maintenance claim even though parties were not married.
- The requirement to make a claim within two years from separation and the hurdles to overcome in the event that this date has passed.
- Determining whether or not a de facto relationship has been established.
“If you’re living with someone, and you haven’t had a conversation about protecting your assets, you could be exposed without realising it.” - Leanne Abela (Principal Director)
What is a De Facto Relationship?
Under the Family Law Act 1975 (Cth), a de facto relationship exists when two people (whether of the same sex or opposite sex) live together on a genuine domestic basis and are not legally married or related by family.
Many people believe that in Australia, to be in a de facto relationship, you have to live together consistently for two years. That’s what’s referred to very commonly as the two year rule. And while it’s true generally that two years is one of the gateway criteria, under section 90 SB of the Family Law Act, it’s not the only way in.
There are three key exceptions that can bypass the two year requirement entirely:
1. There is a child of the relationship. If you have a child together, the two year rule does not apply, and a property claim can be brought regardless of how long you lived together.
2. The relationship is registered. Very few people do this, but if you have registered your relationship with a state or territory registry, the two year threshold falls away.
3. One party has made substantial contributions. If someone has made significant financial or non financial contributions and failing to make an order would result in a serious injustice, the court can hear the matter even if the relationship was under two years.
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De Facto Relationship Services
When it comes to family law, understanding your rights and responsibilities in de facto relationships is crucial. Our legal experts offer valuable advice on financial and property matters, ensuring your interests are protected.
Whether entering or exiting a de facto relationship, our team can guide you through the legal complexities, ensuring that your financial security is upheld and any potential disputes are resolved with clarity and fairness.
We can assist you with:
- Property Settlements
- Parenting Matters & Parenting Disputes
- Family Dispute Resolution & Mediation
- Adoption & Surrogacy
- Consent Orders & Binding Financial Agreements
- Child Support Assessments & Binding Child Support Agreements
- Court Proceedings
- Family Violence & Family Violence Intervention Orders
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Frequently Asked Questions
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What is the legal process for a de facto separation?
When facing separation, the process for family law matters typically starts with one or both parties of a de facto couple communicating that they wish to end the relationship. Parenting matters (child custody arrangements) are usually an early consideration after relationship breakdown, which can be addressed with a Parenting Plan or Consent Orders.
Once those are in place, property division usually comes next, although financial and childrens' matters can be addressed at the same time - but every relationship is different. Whether you’re navigating amicable agreements or court proceedings, a skilled de facto separation lawyer can guide you through each stage, ensuring your legal rights are protected and the process is as smooth as possible. The focus is always on achieving a fair, equitable resolution for you and your family.
How is a de facto relationship proved?
A de facto relationship can be proven by evidence of a shared life together for at least two years or if there is a child in the relationship. Factors such as living arrangements, financial contributions, and social acknowledgment are considered.
What am I entitled to in a de facto separation?
In a de facto separation, you may be entitled to a property settlement, including assets, superannuation, and debts. Entitlements depend on the length and nature of the relationship, whether there are any children involved, and both parties' financial and non-financial contributions, income, assets, and future needs.
How does a family lawyer help resolve de facto relationship disputes?
Family lawyers provide legal representation, guidance, and negotiation skills to resolve disputes effectively. They assist in property settlements, parenting arrangements, and child support matters. Family law experts help you reach fair agreements, either through mediation or court proceedings.
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Begin Your Legal Journey With Us Today
Free, No-Obligation Consultation
Book your first appointment with one of our compassionate family lawyers at one of our Melbourne offices or over the phone.
Clear, Actionable Advice
We’ll listen to your concerns, explain the law in simple terms, and help you explore the best legal pathway for your situation, as well as any expected legal costs.
Move Forward With Confidence
When you’re ready to take action, we’ll be right beside you. With our guidance and support, you can approach the future with clarity and strength.Know Where You Stand
Book Your Free First Appointment
During your free first appointment we will:
- Discuss your circumstances.
- Answer any questions about the separation process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a separation.
Call our office or fill in the contact form to book your free first appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)