Secret relationships and not having a Will

De Facto Relationship Law

Specialist Legal Advice for Non-Married Couples and Partners

Under the Family Law Act 1975, de facto relationships carry many of the same legal rights and responsibilities as marriages, particularly regarding property settlements and parenting arrangements. Our de facto relationship lawyer provides expert guidance to help you establish your legal standing and protect your interests during and after a relationship.

With decades of experience serving clients across Lismore, Ballina, Byron Bay, and Kyogle, our lawyer assists individuals in meeting the evidentiary requirements necessary to prove or defend the existence of a de facto relationship.

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Does Your Relationship Qualify as De Facto?

For the Court to have jurisdiction to make orders for property or maintenance, your relationship must meet specific legal criteria. Generally, a de facto relationship exists if you and your partner are not legally married or related, but live together on a "genuine domestic basis."

The Court considers several factors to determine the existence of a de facto relationship, including:

The duration of the relationship (typically a minimum of two years).
The nature and extent of common residence.
Whether a sexual relationship exists.
The degree of financial dependence or interdependence.
The ownership, use, and acquisition of property.
The care and support of children.
The public reputation of the relationship.

Important Statutory Time Limits

It is critical to note that the time limits for de facto couples differ from those of married couples. Failure to act within these periods can result in the loss of your right to a property settlement.

The 2-Year Rule: You must commence proceedings for a property settlement or partner maintenance within 2 years of the date of separation.
Exceptions: If you have missed this deadline, you must apply to the Court for "leave to proceed," which is only granted in limited circumstances where hardship can be proven.

How Our De Facto Lawyers Can Help You

The legal requirements for de facto couples often involve proving the relationship's duration or financial nature before a property split can even begin. At Somerville Laundry Lomax, we provide:

Relationship Declarations: Assistance in proving or contesting the existence of a de facto relationship.
Property Settlements: Navigating the 4-step process to ensure a fair division of assets, including superannuation and real estate.
Binding Financial Agreements (BFAs): Drafting "Co-habitation Agreements" to protect your assets before or during the relationship.
Parenting Arrangements: Securing the future and wellbeing of children of the relationship.

Take the Next Step Towards Legal Clarity

Navigating de facto law requires a precise understanding of both the facts of your life and the requirements of the Court. Whether you are seeking to protect your assets at the start of a relationship or require a fair settlement at the end, our experienced solicitors provide solid legal advice tailored to your needs.

Email [email protected]
Call us on 02 6621 2481

Frequently Asked Questions

Do we have to live together for two years to be "de facto"?

Generally, yes. However, the Court may recognise a shorter relationship if there is a child of the relationship, or if the party seeking orders made substantial contributions and a failure to make an order would result in serious injustice.

Is "Registered Relationship" the same as de facto?

In NSW, you can register your relationship with Births, Deaths and Marriages. This provides immediate proof of the relationship’s existence for legal purposes, regardless of whether you have lived together for two years.

Can I claim a property settlement if we never lived together full-time?

It is possible. The Court looks at the “genuine domestic basis” of the relationship. Modern relationships, including “living apart together” arrangements, can sometimes be classified as de facto if there is significant financial and social interdependence.

How is separation defined for de facto couples?

Separation occurs when one or both parties decide to end the relationship, act on that decision, and communicate it to the other party. You can be “separated under the one roof” if you have ceased living as a couple but continue to reside in the same home for financial or parenting reasons.

What Our Clients Say About Us

I want to thank your Company and in particular Cassandra Keogh for taking over my Family Law matter. Cassandra’s compassion along with her knowledge and expertise constantly helped put me at ease in finally settling my very messy matter. I would like to thank her for all the help she has given me and would highly recommend her to any future clients.

Pauline Horkings

Dear Sean,

Thank you for taking on my matter and managing it so well. I always felt you had my back and worked hard on my behalf.

I remain very impressed by the team and support staff you lead and can and will recommend your services.

Thank you again for your support and advice along the way.

Fondest regards,

B G

Dear Guy,

I am writing on behalf of the FNCRU Board to thank yourself and your organisation for your continued assistance in the conduct of the Board’s Judiciary meetings, in particular, in the usage of a venue for the conduct of such.

Support such as your own and that of your organisation is essential in the conduct of the business of the zone.

I would particularly commend the efforts of Cassie at our recent meeting last evening, my first in the capacity of a member of a judiciary panel in FNC.

Cassie’s input was not only reflective of your group’s support for FNCRU, but also reflective of your seriousness in support of the process in selecting someone with Cassie’s obvious knowledge of both sport and due process in such matters.

Yours in Rugby,

Jeffrey Brookes, For and on behalf of FNCRU Board FNCRU Board

We have been a client of this law business since the late 1990’s. We always get exemplary service from Guy Latham our solicitor. He has assisted us over the years with Agency agreements in business, with conveyancing on the sale and purchase of 4 properties and with Wills and other issues. Great service always.

Russell Lean

I just wanted to send through a big thank you to the team at Somerville, Laundry and Lomax for all the professional support throughout my compensation process. For me it was not an easy process to go through, being very personal and over 3 years in length. However, when I connected with SLL about 18 months ago the process did become a whole lot easy as I soon became aware that I had the right support.

I particularly want to commend Nathan Job to you (who you originally introduced me to). It is my opinion that Nathan went above the scope of what was required of him professionally and I really felt personally taken care of by Nathan, which would be why I would recommend your firm in the future. He is a very genuine guy who instilled confidence in me throughout the entire process and who always gave honest and wise feedback about the various scenarios we were facing, while allowing me to make all the decisions.

Thank you again and much appreciated.

Carolyn

A huge thank you to Ben Crawford and Sue for the outstanding effort that was required to resolve my Family Court matters.

Your patience and excellent advice have been greatly appreciated throughout this long, unfortunate process and it is wonderful that finally the desired outcome has been realised.

I had a great experience with Somerville Laundry Lomax Solicitors. They were helpful, efficient, and kept clear communication throughout, settling my claim quickly. Special thanks to Izaac and Elizabeth for being so friendly and supportive. I’d definitely use their services again if needed. Highly recommend!