De facto Relationships

The Family Law Act now treats de facto couples (whether heterosexual or same sex) in the same way as married couples with a few important differences.

One difference is that de facto couples can only apply for orders for property settlement if

  • the relationship continued for more than two years (the two year period does not have to be continuous, so long as the parties have lived together for periods totalling two years);
  • there is a child of the relationship; or
  • a party made substantial contributions, and there would be serious injustice if not for a property settlement.

The family law specialists at Somerville Legal can provide you with expert and useful advice to assist you protect your financial interests prior to entering into de facto or domestic relationship to avoid any bitter property dispute in the event of the relationship breaking down.

If your relationship has broken down, our family law team can advise you whether or not your relationship is covered by the Act. If so, we can advise you of your legal rights, obligations and entitlements under the Act so as ensure that your financial relationship with your partner is ended in a fair and equitable manner, and to resolve any children’s issues.

Please contact Fiona Hoad or Layla Doumit.



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