De Facto Relationship Lawyer

Not all committed couples choose to marry. Many people live together and share their lives without formalising a marriage. When these relationships end, questions about property and children often arise and the law can seem unclear.

Revolance Legal helps de facto partners understand their rights. Our team provides direct advice in plain language and guides you through property settlements, parenting arrangements and financial agreements. We aim to resolve matters efficiently while supporting you at every step.

What is a De Facto Relationship?

A de facto relationship exists when two people (of any sex) live together on a genuine domestic basis. The Family Law Act looks at a range of factors when determining whether a de facto relationship exists, including:

• The length of the relationship.
• Whether there is a sexual relationship.
• How property is owned and used.
• The financial dependence or interdependence of the parties.
• The care and support of children.
• The public aspects of the relationship (for example, whether friends and family consider you a couple)

No single factor is decisive. Even if the couple does not live together all the time, they may still be considered de facto if they share finances and domestic life. Same‑sex couples and opposite‑sex couples are treated the same.

Registering a relationship

Some states offer relationship registration. Registration is not necessary, but it provides proof of the relationship and may shorten the time required to bring a property claim. Revolance Legal can advise whether registration is beneficial in your circumstances.

Property Settlement

De facto partners have similar property rights to married couples. When a relationship ends, the parties can negotiate how to divide assets, debts and superannuation. If agreement is not possible, the court may make orders.

Under the Family Law Act, you must apply for a property settlement within two years of the relationship ending. The court will only consider applications after that time in exceptional circumstances. In order for a court to make a property adjustment order for de facto partners, at least one of the following must be satisfied:

• The relationship lasted at least two years.
• The couple has a child together.
• One partner made substantial contributions (financial or non‑financial) and failure to make an order would result in serious injustice.
• The relationship is or was registered under state or territory law.

Factors considered in property division

When dividing property, courts consider contributions and future needs. Contributions include:

• Financial contributions such as income, property brought into the relationship and payments towards household expenses.
• Non‑financial contributions such as homemaking and caring for children.
• Contributions to the acquisition, conservation or improvement of assets.
• The effect of any proposed order on the earning capacity of each party.

Future needs factors include age, health, income, care of children and the ability to earn income.

Parenting and Children

If de facto partners have children, they have the same parental responsibilities as married parents. When parents separate, decisions about where children live and the time they spend with each parent should focus on the best interests of the child. The court considers:

• The need to protect children from harm and family violence.
• The child’s views (depending on age and maturity).
• The relationship between the child and each parent and other relatives.
• Each parent’s ability to meet the child’s physical and emotional needs.
• The cultural identity of Aboriginal or Torres Strait Islander children.

Parents can reach an agreement through negotiation or mediation. If agreement is not possible, they may apply to the court for parenting orders. Revolance Legal assists in preparing parenting plans and representing parents in court.

Financial Agreements

De facto partners can enter into a binding financial agreement to set out how assets will be divided if the relationship ends. The agreement must be in writing, signed, and each party must receive independent legal advice. Such agreements can provide certainty and avoid court involvement.

How Revolance Legal Can Help

Our lawyers provide comprehensive assistance for de facto partners. We:

• Advise on whether a relationship meets the de facto threshold.
• Prepare financial agreements and consent orders for property division.
• Negotiate practical parenting arrangements.
• Represent you in court for property and parenting disputes.
• Help with estate planning, wills and powers of attorney.

We take a strategic approach while offering empathetic support. Our goal is to resolve disputes efficiently and protect your interests.

Frequently Asked Questions (FAQs)

Move Forward with Clarity

Understanding your rights as a de facto partner is essential to protect your future. Revolance Legal offers direct, efficient service while providing caring support. For guidance on property settlement, parenting arrangements or financial agreements, reach out on 02 9266 0688 or email [email protected].