Your relationship was real. So are your rights. DSA Law helps de facto couples navigate separation with clarity, fairness, and legal certainty.
Under Australian law, de facto couples have rights and obligations that closely mirror those of married couples. When a relationship ends, questions around property, finances, and children don't disappear. They need to be resolved properly.
At DSA Law, our family lawyers work with separating de facto couples across Melbourne, the CBD, and the Mornington Peninsula to make sure those questions get answered and your interests are protected.
Navigating De Facto Separation:
We guide de facto clients from initial advice through to agreements and, if needed, court representation.
A de facto relationship exists when two adults live together on a genuine domestic basis, share a sexual relationship and mutual commitment, and are not legally married. Courts look at the private and public nature of the relationship, its length, the date of separation, and any other relevant circumstances.
Two years of cohabitation is the general threshold, but a shorter relationship may still qualify if it produced children, involved significant financial dependence, or shared property. If you're unsure whether your relationship qualifies, that's exactly where we start.
Former de facto partners carry legal rights and obligations in areas including property settlement, parenting, and financial orders. Courts consider financial dependence, contributions made during the relationship, and what a fair split actually looks like given each party's circumstances.
Time limits apply. You have two years from the date of separation to initiate a property settlement claim. Extensions can be granted, but only at the court's discretion. Don't wait.
The process mirrors how property is divided after marriage. The key steps are:
From there, parties negotiate or mediate an agreement, or proceed to court if needed. Agreements can be formalised through consent orders.
Getting advice early protects your position and avoids the kind of drift that makes disputes harder to resolve later.
A de facto relationship exists when two adults of any gender live together on a genuine domestic basis with mutual commitment but without being legally married. Courts assess shared finances, parenting roles, and overall life integration to determine whether the relationship qualifies under the Family Law Act.
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