Family & Divorce

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De Facto Relationships

We are here to assist couples in de facto relationships with separation arrangements if the relationship breaks down.

There is no single legal definition for a de facto relationship however if you have a property dispute, you may be able to apply for a property settlement under the Family Law Act if:

You have lived together in a relationship for at least two years;
You have a child together; or
You and your ex-partner contributed to the relationship financially in substantial ways.

Same Sex De Facto Relationships

Please note, as of 2002 same sex couples have been recognised as having the same legal requirements of a de facto relationship as heterosexual couples in Queensland. This enables same sex couples to divide their assets under the Family Law Act. If you would like to know more about your rights under same sex relationship law please click here.

Separation In A De Facto Relationships

Following a separation in a de facto relationship it is important to note the following time limits that apply:

You can arrange for your property settlement and/or spousal maintenance straight after your relationship ended; however
You must apply to the court for property settlement and/or spousal maintenance within two years of the date of your separation.

If you and your ex-partner have a child together there are no time limits as to when you can make legal parenting arrangements. We are here to assist couples in de facto relationships with separation arrangements if the relationship breaks down. If you are in a de facto relationship, a Binding Financial Agreement or Consent Orders may be an effective way to protect your assets. For more information about these please click here.

For more information in relation to de facto relationships and separation, contact one of our family lawyers for a free 30 minute consultation on 1300 088 440.