De Facto Separation

De facto relationships, like marriages, can involve shared property, financial arrangements, and children. When a de facto relationship ends, navigating the legal aspects of separation can be complex and emotional. At Mahony’s, our experienced de facto separation lawyers in Adelaide are here to provide expert legal guidance, helping you resolve issues such as asset division, child support, and financial maintenance.

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In Australia, de facto relationships are legally recognised under the Family Law Act 1975, meaning that the process of separation can involve many of the same legal considerations as divorce. Our team will guide you through your rights and obligations, ensuring that your separation is handled fairly and efficiently.

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Why Choose Mahony’s De Facto Separation Lawyers in Adelaide?

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• Specialist Expertise in De Facto Law: Our team has extensive experience dealing with de facto separations, ensuring your financial and parental rights are fully protected.
• Tailored Legal Strategies: Every relationship is unique, and we provide personalised legal advice based on your specific circumstances.
• Comprehensive Legal Support: From asset division to child support, we cover all aspects of de facto separation to ensure a smooth resolution.
• We Are Here for You: Our compassionate legal team is committed to guiding you through this challenging time, ensuring that you feel informed and supported at every stage of the process.

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What is a De Facto Relationship?

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In Australia, a de facto relationship is a relationship where two people (who may be of the same or opposite sex) live together on a genuine domestic basis as a couple, but are not legally married. To be considered de facto under Australian law, the couple must have lived together for at least two years, or have a child together, or have made significant contributions to shared property.

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When de facto couples separate, they may have similar legal rights and responsibilities to married couples, particularly when it comes to property division, financial support, and child custody. Our de facto separation lawyers in Adelaide are here to help you understand these rights and ensure a fair resolution.

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Property and Asset Splits in De Facto Separations

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Just like in a marriage, when a de facto relationship ends, the division of property and assets is a key concern. The Family Court follows similar principles for dividing property in de facto separations as it does for divorces. This includes:

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• Property: The family home, vehicles, investments, and any other shared assets are considered in a property settlement.
• Financial Resources: Bank accounts, superannuation, business interests, and other financial resources are assessed.
• Liabilities: Joint debts, loans, and mortgages are taken into account when dividing the couple's financial responsibilities.

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The court will also consider both parties' financial and non-financial contributions to the relationship, as well as their future needs (e.g., health, age, and income-earning capacity). Our lawyers will help ensure that your property settlement is fair and reflective of your contributions and future needs.

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Time Limits for De Facto Property Settlements:

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It is important to note that in de facto separations, you have two years from the date of separation to apply for a property settlement. If you miss this deadline, you may lose your right to make a claim. Our team will assist you in meeting these deadlines and securing your entitlements.

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Differences Between De Facto Relationships and Marriage

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While the legal rights of de facto couples are similar to those of married couples, there are some key differences:

• No Formal Divorce: Unlike marriage, there is no formal divorce process for de facto relationships. However, de facto couples must still resolve matters such as property division, child support, and financial maintenance.
• Proof of Relationship: In de facto separations, it may be necessary to prove that a de facto relationship existed, especially if one party contests this. Factors considered include the length of the relationship, shared financial arrangements, joint property ownership, and the care of children.
• Time Limits: De facto couples have two years from the date of separation to apply for a property settlement, while married couples have 12 months after the finalisation of divorce.

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Our team will guide you through the differences in de facto and marriage law, ensuring that your legal rights are protected and that the separation process is as smooth as possible.

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Child Support in De Facto Relationships

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When de facto couples have children, the legal responsibilities around child support are the same as in married relationships. Both parents are financially responsible for supporting their children, and child support arrangements can be made through the Department of Human Services (DHS) or via private agreements.

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Child Support Calculation

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Child support payments are calculated based on several factors, including:

• The income of both parents
• The number of children
• The amount of time the children spend with each parent
• The children's specific needs (e.g., education, healthcare)

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If you and your former partner are struggling to agree on child support arrangements, our de facto separation lawyers can help you negotiate a fair agreement or represent you in disputes involving child support.

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