De Facto Separation Lawyers in Revesby
Servicing South West Sydney
De Facto Separation
De facto couples have similar concerns to married couples after a relationship break. De facto partners often need to make property and parenting arrangements that are covered by similar processes under the Family Law Act 1975.
However, there are some unique considerations that require help from a lawyer with the right experience. Bateys Law Firm’s experienced de facto lawyers have assisted clients facing a range of cases in Revesby and South-West Sydney.
What counts as a de facto relationship?
A de facto relationship exists when two parties are not related or married, but live together on a genuine domestic basis. De facto relationships may be same or opposite sex. The Federal Circuit and Family Court of Australia (FCFCOA) may look at a number of different factors to determine if a relationship qualifies, such as:
Whether there’s a sexual relationship.
The level of financial dependence or interdependence between the parties.
The level of mutual commitment to a shared life.
The relationship’s duration.
What other parties are aware of the relationship.
Whether the relationship was registered under a prescribed law of a state or territory.
Your legal rights after a de facto separation
After a genuine de facto relationship ends, you and your former partner are entitled to use legal means to organise parenting and property matters.
Property settlements
Parties may need to show that they have a valid relationship before making financial arrangements. Typically, you’ll be entitled to apply for a court order for your property if any of the following factors apply:
The relationship lasted at least two years.
There are children of the relationship.
The party seeking a property order made substantial contributions to the property or welfare of the family and not making an order would result in a serious injustice.
The relationship was registered.
There are three primary ways for clients to legally divide property:
Property order.
Binding financial agreement.
Court orders
Family law courts follow a four-step process when assessing consent orders or contested property orders:
Identify the net property pool.
Determine each party’s financial and non-financial contributions.
Consider each party’s current and future circumstances.
Assess whether it would be just and equitable to make an order.
For the full property settlement process that applies to both married and de facto couples, see our family law page.
There’s generally a time limit for settling property matters through a court order. De facto partners usually need to begin an application within 2 years of their separation date. The FCFCOA may accept an application after this deadline in limited circumstances.
Binding financial agreement (BFA)
De facto couples have the right to enter a BFA during or after their relationship. The agreement needs to meet the following criteria to be valid:
Both parties receive independent legal advice from a de facto relationship lawyer.
The agreement is in writing.
The parties get a signed statement from their lawyer showing they received independent advice.
Financial support
De facto couples can seek de facto partner maintenance and child support arrangements. While de facto partner maintenance can be included in a property settlement, child support is usually made with a separate process through Services Australia.
Parenting arrangements
If you and your ex-partner have a child together, the FCFCOA will generally accept your relationship’s de facto status. You can make arrangements in the same way as legally married couples, including parenting plans and court orders.
Parenting plan. This is an informal written agreement covering parental responsibilities and living arrangements. It may serve as the basis of a consent order if needed.
Court order. Parties can enter a parenting order by consent or through a court proceeding. The Court assesses parenting order applications by what’s in the child’s best interests.
Reaching an agreement
Parties are usually able to handle parenting and financial matters by agreement. If it’s safe to do so, we can assist parties to explore opportunities for negotiation and mediation to resolve parenting or property disputes. By working with clients directly, or in collaboration with a family dispute resolution practitioner, we can help parties in various ways, including:
Explaining their rights and obligations under the law.
Focusing parties on practical solutions to disputes.
Helping parties organise important documentation before negotiations.
Bateys Law Firm
Meet our talented team of dedicated directors and lawyers, committed to delivering expert legal solutions
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Bruce Batey
Kelly Batey
How we help Our team provides clear advice on various aspects of family law after a de facto relationship breakdown.
The Bateys approach to cases focuses on creating actionable strategies which we implement with compassion. We can assist de facto couples through a range of matters, such as:
- Assisting with property divisions that satisfy the FCFCOA’s ‘just and equitable’ standard.
- Drafting court applications for property or parenting matters.
- Helping to gather documentation to validate the de facto relationship.
- Providing court representation if a case needs to be litigated in court.
- Organising de facto partner maintenance orders or child support agreements.
