De Facto Property Settlement
Best De Facto Property Settlement Lawyers in Sydney
At Justice Family Lawyers, we deeply understand the intricacies and emotional complexities involved in de facto property settlements. Our team of expert lawyers specialises in addressing the unique aspects of de facto relationships, ensuring comprehensive protection of your rights and interests. We approach each case with empathy, recognising its individuality and providing personalised attention.
Our extensive knowledge of Sydney’s legal landscape allows us to offer tailored advice specific to your circumstances. Committed to achieving fair and just outcomes for our clients, we guide you through each stage with clarity and empathy. Count on us to manage your de facto property settlement with the utmost professionalism and sensitivity, providing the support and resolution you truly need.
“The firm was great as well, direct communications and always on point with what I needed. Everyone provided great service and I did feel cared for and that I wasn’t just another case” – Ahmad Al Salem
Our Services
- Property Division
- Financial Agreements
- Negotiation & Mediation
- Advice on Legal Rights and Obligations
- Preparation of Court Documents
- Assessment of Financial Contributions
- Enforcement of Orders
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How De Facto Property Settlement Works
Understanding family law de facto property settlements is crucial for knowing how to proceed if you separate from your partner.
Seeking a de facto property settlement through the Federal Circuit Court is a potential option.
Mediating an agreement on asset division post-separation can save time and money.
After mediation, obtaining independent legal advice from a family lawyer can render your agreement legally binding through Consent Orders.
If a binding financial agreement is already in place, assets will be divided according to that agreement.
Drafting a Shared Parenting Plan, in accordance with family law principles, can provide a document that could be upheld in court
What Is A De Facto Relationship?
The Family Law Act 1975, section 4AA, defines a de facto relationship as a couple living together on a genuine domestic basis, not legally married, unrelated by family, and involved in a couple-like relationship.
Under Australian law, a de facto relationship signifies living together ‘on a genuine domestic basis’.
Both heterosexual and homosexual couples can be in a de facto relationship. The Court can recognise a de facto relationship even if one party is legally married to someone else or in another de facto relationship.
The Court assesses various aspects of the relationship to determine its genuine domestic nature. As per section 4AA of the Family Law Act, factors include:
- Duration of the relationship
- Nature and extent of their shared residence
- Existence of a sexual relationship
- Level of financial dependence or independence and any financial support arrangements
- Ownership, use, and acquisition of property
- Mutual commitment to a shared life
- Registration of the relationship (if any)
- Care and support of children
- Performance of household duties
- Reputation and public aspects of the relationship
All factors hold equal weight and contribute to determining a couple’s relationship status. The Court assesses these factors collectively to establish the existence of a de facto relationship.
What Is a Short-Term De Facto Relationship?
In a short-term de facto relationship, two people have lived together for 2 – 5 years.
If you do not share children with your ex-partner and the relationship is unregistered, the Family Court may have no authority to make property orders or hear your property claim in a de facto breakup entitlements in Australia if the relationship was less than 2 years.
Should there be claims of substantial contributions in the de facto breakup entitlements in Australia, whether financial or non-financial and that they would result in grave injustice on your end, the court may decide to hear your claim.
What Is the Difference Between a De Facto Relationship v Marriage?
According to the Family Law Act, your de facto partner rights are considered similar to a married spouse.
Akin to a marriage, you may be obligated or entitled to spousal support or a property split in your favour at the dissolution of the relationship.
You have the same rights as a married couple concerning maintenance and property split as de facto partners living in Australia.
The same goes for same-sex de facto couples.
However, for more clarification, merely living with someone and having sexual contact with them does not necessarily constitute a de facto relationship.
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