In Australia, March 2009 marked a significant turning point for de facto heterosexual and same sex relationships. For couples separating after March 1st, 2009, engaged in a de facto heterosexual or same sex relationship, gained the right to have their claims for property settlements and spousal maintenance deliberated within the Family Court parallel to married couples.

A person is in a de facto relationship, whether heterosexual or same sex, if they are living together in a genuine domestic basis. Living together does not in all cases require the couple to be under the same roof. A person who has been in a de facto relationship for a period of at least two years (or circumstances where a child is involved, the relationship is registered under State law, or one party has significantly contributed to the other’s property or family’s welfare) is entitled to bring an application to the Family Court for property settlement or maintenance.

The law and principles relating to property adjustment and financial support for de facto couples are almost identical to those couples who are married. However, if you are seeking to apply to the Family Court for property adjustment orders, different time limits apply for de facto couples than married couples. We advise clients to employ our services as soon as possible after parting ways in order to optimise the assessment and pursuit of their claims.

At Simonidis Steel Lawyers, our Brisbane family law experts are prepared to assist you in negotiating the complexities of de facto legal matters ensuring that your rights and interests are fully protected.