Our team of dedicated Family Lawyers offers empathetic and practical legal guidance throughout every stage of your de facto separation journey.
Ending a significant de facto relationship can be difficult, and it’s even more challenging when you don’t know where you stand legally. Our highly skilled de facto separation lawyers will help you navigate the legal process and explore your options.
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Our family law team understands the challenges of ending a de facto relationship.
There’s a lot to consider, and many people are unsure where to start or their legal options. De facto relationship law can also seem more confusing than divorce law.
We will simplify the legal process for you and help you reach an efficient agreement with your former partner. You’ll receive personalised, clear communication, ensuring your case receives the care and time it deserves.
Please get in touch with our team today for advice on where to start when a de facto relationship breaks down.
“Our team will provide empathetic and strategic advice to support you during this difficult time and ensure you understand your rights and responsibilities. We focus on protecting your interests and helping you reach a fair outcome with your ex-partner to move forward with confidence and peace of mind.” – Stewart Family Law
In Australia, a de facto relationship is legally defined as two people living together on a genuine domestic basis without being legally married, where two adults demonstrate a mutual commitment to a long-term relationship. The relationship can be between same-sex or opposite-sex partners who are not married, and the couple must meet specific criteria under the Family Law Act 1975.
Factors that the court may consider include:
De facto partners can also register their relationship with the state’s registry to be recognised, although this is unnecessary.
Our Family Lawyers can help you understand these aspects and obtain legal advice under prescribed law.
Our legal team includes some of Brisbane’s most experienced family lawyers, including Accredited Specialists and Senior Associates with expertise across all areas of family law.
What Our Clients Say
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"I can strongly recommend Temika and the team from Stewart Family Law for all family law matters. She kept the matter on the issues at hand and helped lessen the emotional turmoil one goes through when going through a family breakup. I have used the services of Stewart Family Law with Temika at the helm twice now and will definitely use them again if needed."
"Judy and Temika's professionalism, experience and skills were vital to achieving a great outcome and avoiding Court. While I hope I will never need their services in the future, I would not hesitate to recommend them to anyone who may."
"A highly professional and supportive firm. Communicated clearly every step of the way. Highly recommend."
"Highly recommend this firm to anyone needing assistance with their family law matter. Always professional, returns calls promptly, always puts my mind at ease and excellent at what they do. A1 service, can't recommend you enough!"
Please reach out to our team for expert legal guidance on your de facto separation today.
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The official separation date for a de facto relationship is when one party decides to end the relationship and communicates this to the other party. This date is crucial for property settlement and financial orders under Australian family law.
The Family Law Act 1975 applies to ending de facto relationships in Australia. It covers property settlements, spousal maintenance, and parenting arrangements, similar to those for married couples. To make a claim, the relationship must have lasted at least two years, or involve a child, or significant contributions must have been made by one party.
Under Australian law, you have two years from the date of separation to file for property settlement or spousal maintenance after ending a de facto relationship. If this time frame lapses, you must seek court permission to make a claim. It is crucial to act within this period to ensure your rights are protected.
The threshold for a de facto relationship includes a shared life for at least two years, financial interdependence, and mutual commitment. A family lawyer can help determine the relationship’s status and provide legal advice on property ownership and parenting matters, similar to a married couple’s rights.
Yes, the Family Law Act 1975 applies to de facto relationships. It gives de facto couples the same rights as married couples regarding property settlement, spousal maintenance, and child support and ensures fair treatment and legal recognition.
De facto partners are entitled to a fair property settlement, spousal maintenance, and child support. Under Australian family law, de facto couples have the same rights as married couples regarding financial support and property division.
To legally end a de facto relationship, one party must communicate the intention to separate from the other party. It is advisable to seek legal advice and formalise arbitration through a binding financial agreement or a property settlement order.
Disadvantages of de facto relationships include potential disputes over property division and financial support, similar to married couples. Proving the relationship’s existence can be challenging, and de facto partners might face legal complexities without formal agreements like a binding financial agreement.
In Australia, there is no magical point in a relationship at which one partner is automatically “entitled to half” because courts consider many factors when deciding how to split assets. Assets may also be split in a number of ways rather than 50/50.
If you have a de facto partner, you will generally need to live together for at least two years for any form of property settlement to occur. Other factors include a mutual commitment to a shared life, whether children are involved in the relationship and if substantial contributions have been made by one party.
No, proving a sexual relationship exists is not necessary. Courts consider various factors, including the duration of the relationship, financial dependence or interdependence, shared residence, and mutual commitment to a shared life, to determine if a de facto relationship exists.
Evidence to prove a de facto relationship includes the duration of the relationship, financial dependence or interdependence, shared residence, mutual commitment, public aspects of the relationship, care of children, and substantial contributions to assets and finances by both parties.
“I wanted to let you know, Temika – how very grateful I have been to have you represent me over the past few years. You have certainly seen my worst side and kept me sane when I have really needed it! Your professionalism is second to none and I couldn’t have asked for any one better to be on my side! So from the very bottom of my heart thank you!!”
– KD
