De Facto Separation Lawyer
As trusted relationship lawyers with more than 47 years of experience, we provide practical, compassionate advice to protect your rights and help you move forward. Whether you need guidance on property settlements, parenting arrangements, child support, or spousal maintenance, our approachable team will support you at every step.
Under Australian law, a de facto relationship exists when two people live together on a genuine domestic basis as a couple, regardless of gender. You don’t need to be married to have legal rights and responsibilities; de facto partners are often treated much the same as married couples when it comes to separation, property, and parenting matters.
Generally, a relationship will qualify as de facto if:
- You have lived together for at least two years; or
- You share a child together; or
- One partner has made significant contributions, financial or otherwise, to the relationship or property.
When a de facto relationship ends, the same principles that apply to married couples are used to determine property settlements, financial support (spousal maintenance), and parenting arrangements. This means it is essential to seek early advice from an experienced de facto lawyer in Adelaide to understand your rights and obligations.
Our De Facto Legal Services
Our de facto lawyers provide clear advice and strong representation to help you resolve issues fairly and with as little stress as possible. We can assist with:
- Advising on separation requirements and entitlements, including property, finances, and parental responsibilities.
- Guiding you through property settlements, from straightforward divisions of assets to complex matters involving businesses, superannuation, and trusts.
- Assisting with parenting arrangements and child custody, always with the best interests of your children as the priority.
- Preparing and negotiating child support agreements that are practical and enforceable.
- Acting as your de facto separation lawyer in mediation or court if agreement cannot be reached.
- Advising on and securing spousal maintenance where financial support is necessary.
Our goal is to help you achieve a resolution that protects your rights, supports your family, and allows you to move forward with confidence.
Frequently Asked Questions
What are your options for payment of legal fees for family law matters?
At Mahony’s Lawyers we understand the financial strain of separation and property disputes. We offer a range of options regarding payment of your legal fees. Our family lawyers will take you through these options in the initial, no obligation first free consultation.
Mahony’s Lawyers have partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or property proceedings. Repayments don’t begin until a settlement is reached, helping to ease the stress of upfront costs. Learn more at JustFund.com.au.
What qualifies as a de facto relationship in Australia?
A de facto relationship is where two people live together on a genuine domestic basis as a couple, without being married. Generally, the law recognises de facto status if you have lived together for at least two years, share a child, or if one partner has made significant contributions. An experienced de facto lawyer in Adelaide can help you determine if your relationship meets the legal definition.
Do de facto couples have the same rights as married couples?
Yes, in most cases, de facto couples have similar rights and obligations to married couples when it comes to property settlement, financial support, and parenting matters.
How long do I have to make a claim after a de facto separation?
You usually have up to two years from the date of separation to resolve your matter or file an application in court. A de facto separation lawyer can advise you on the time limits that apply to your situation.
What happens if my ex-partner and I can’t agree on property or parenting?
If negotiation or mediation doesn’t work, court proceedings may be necessary. Our de facto relationship lawyers can represent you to ensure your rights and interests are protected.
Can I apply for de facto maintenance?
Yes. If you are unable to support yourself adequately and your former partner has the capacity to help, you may be entitled to spousal maintenance. This can be temporary or longer-term, depending on your circumstances.
