Elevate Family Law

Why Choose Elevate Family Law To Handle Your de facto separation process?

Prompt Action

Progressing your matter promptly and working closely with you to minimise delays where possible and avoidable.

Best Approach

Navigating you through clearly articulated options.

De Facto in Australia

what is a de facto relationship
  • De facto relationships are covered in the Family Law Act 1975 similarly to marriages.
  • The act defines a de facto relationship as persons who are not legally married but have a relationship as a couple living together on a genuine domestic basis.
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  • The Family Law Act allows the same treatment for both de facto relationships and same-sex relationships as married relationships.

  • Therefore, separation from both de facto and same-sex relationships carry the same property rights and parenting arrangements as legally married people.

  • Regardless of whether you were a party to a de facto relationship or a spouse in a marriage,  the same Court forms are required to commence proceedings. Depending on the orders sought, the forms will however differ in composition.

 

What is considered a de facto relationship?

definition of de facto relationship
  • De facto relationships are covered in the Family Law Act 1975 similarly to marriages.
  • The act defines a de facto relationship as persons who are not legally married but have a relationship as a couple living together on a genuine domestic basis.
  • There are numerous factors that are considered to establish whether a de facto relationship is in existence :
      1.  Duration of the relationship 
      2. Degree of financial dependence or interdependence 
      3. Any financial arrangements between the parties
      4. The reputation and public aspect of the relationship.
      5. The ownership, use and acquisition of their property
      6. The care and support of children
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De Facto in Australia

what is a de facto relationship
  • Once you have ended a de facto relationship with your former partner, it is important that you receive legal advice concerning :
    • the care of any children and
    • de facto relationship property rights – the ownership of any solely or jointly owned property.
  • Unlike divorce, you are not required to commence an application to formally end your relationship.
  • However, it is important to understand that for de facto separation, there is a limit of 24 months from separation to settle property matters between you and your former partner.
  • We will be able to assist with both alternative dispute resolution such as mediation as well as resolution of the dispute through the Courts.

how we've helped people just like you

I am extremely grateful with all Elevate Family Team, especially Zhora Noorani, who showed her professionalism, expertise and genuine willingness to help since I made my first call. Can’t speak highly enough of them. THANK YOU.

Elena

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Most frequent questions and answers

Yes. Since 2009, the law for de facto and same sex couples become the same as for married couples.

Yes – same sex couples are afforded the same recognition as heterosexual couples and will be required to satisfy the same legal thresholds.

If your de facto relationship breaks down, you have two years from the date of separation to apply to the Family Law Courts for property orders. If you try to apply after the two year period has expired, you will need to obtain the Court’s permission to do so.

Yes.  You can enter into a binding financial agreement to secure your assets going into a de facto relationsghip.