Defacto Relationship
No matter if it is a legally binding marriage or a long-term relationship, when a personal partnership breaks down, it becomes very clear that you could be leaving behind a substantial investment. This could be financially and emotionally. So, when it is time to walk away, understandably it can be quite difficult.
Under the Family Law Act (since 2009) de facto couples have the same rights as married couples to seek a property settlement or spouse maintenance payment when they separate.
If you have found yourself in a situation after years committed to another person, that your de facto relationship has ended, Michael Lynch Family Lawyers will be able to help guide you through what to do next.
How do you know if you are in a defacto relationship?
Firstly, as defined in Section 4AA of the Family Law Act 1975, to be considered ‘de facto’ a couple needs to have been together on a “genuine domestic basis.” There are various indicators as to whether that is the case, some of these indicators include:
- The duration of the relationship;
- The nature and extent of their common residence;
- Whether a sexual relationship exists;
- The degree of financial dependence or interdependence and any arrangements for financial support between them;
- The ownership, use and acquisition of their property;
- The degree of mutual commitment to a shared life and substantial contributions that may have been made;
- The care and support of children (if there are any); and
- The reputation and public aspects of the relationship.
If found to be together on a ‘genuine domestic basis’, one of the following needs to exist;
- The couple had been in the relationship for at least 2 years; or
- There is a child of the relationship (in which case there is no time requirement); or
- It would be unjust not to recognise a defacto spouse’s financial or non-financial contribution.
If you’d like to find out more on the topic of defacto relationship, please read the following featured articles:
What Constitutes Separation
For a defacto couple’s property settlement it is important to determine when separation occurred.
It may seem simple, but from our experience it rarely is. We need to be able to establish the current and ongoing living arrangements. Is one partner likely to need to move out of the family home? Or can you be in the house but separated. It is crucial to document a timeline of events and other important information in order to make the process of separation less stressful. >…
Defacto Property Settlement Time Limits
If you have separated, it is important that you get Family Law advice about how to achieve a property settlement. There are strict time limits that apply, so if you miss them there can be real problems.
The Family Law Act provides that for defacto couples you will have 2 years from the date of separation in which to finalise your property settlement. If you miss this time limitation, you must first obtain leave of the court to proceed out of time. This is not a straight-forward process, the application may be granted in the event that you, or your child suffer hardship. Read full article >…
Defacto Issues
You may have an understanding that you are in a defacto relationship but what happens now? Like every relationship there are challenges to resolve: parenting, property, child support. How does that effect you? Here’s a quick guide >…
Getting to ‘Yes”
Defacto relationships are no different to other relationships when it comes to trying to resolve issues. Amicable outcomes are always best.
Mediation provides an alternative to going to Court. It involves you and your former partner, sitting down with an independent third party. Here are some helpful tips as to whether mediation would be suitable for you. >…
Speak to One of Queensland’s Largest Family Law Firms
Rather than trying to take on a defacto separation, property settlement or spouse maintenance by yourself, we can be on your side throughout the entire process. For a fixed-cost no obligation initial appointment to discuss your specific situation, call Michael Lynch Family Lawyers on (07) 3221 4300 or fill out our online form.
Client Testimonials
Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.
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Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
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I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.
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Michael Lynch Family Lawyers know what they are talking about.
Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.
Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
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We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.
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My solicitor is a good listener. My documentation maintained the high moral ground.
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!
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My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.
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Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
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I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
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Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.
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