De facto relationships include both opposite sex and same-sex relationships.

If you have lived with your partner for two years or more, or if there is a child of the relationship, or you have made a significant financial contribution to the relationship or assets acquired by one or both parties during the relationship you may be able to apply for a property settlement as a de facto

At msl, we can assist you with:

• Binding Financial Agreements;
• Property Matters;
• Children's Issues;
• Spousal Maintenance; and
• Superannuation splitting.

In March 2009, the Australian Government included financial matters relating to de facto couples as a matter that could be resolved under Commonwealth legislation. The inclusion has provided de facto couples with similar property rights as married couples in the event of a separation.

Prior to this change, a de facto spouse was unable to seek an interest in the superannuation entitlement of their partner, despite the length of their relationship. Additionally, a de facto spouse had no capacity to seek spousal maintenance from their partner. Now, de facto persons can seek an interest in their partner’s superannuation entitlement, known as a “superannuation split”.

In addition to superannuation splits, de facto partners can seek spousal maintenance from their partner if they are unable to financial support themselves and their partner has the financial capacity to make a contribution to their financial support.

To learn more about property matters, superannuation entitlements, and spousal maintenance, please contact our family lawyers for a consultation.

The parenting arrangements for children of de facto couples are determined and governed by the same legislation applicable to children of married couples. Prior to any parenting arrangement for a child being formalised by way of a Court Order, the Court must be satisfied that the parenting arrangements are in the best interest of the child.

The Court will conduct an analysis of the child’s best interests by considering the best interest factors detailed under section 60CC of the Family Law Act 1975. 

For more detailed information on children’s matters, please refer to the information on Children’s Issues.

For more information on de facto relationships and family law visit our FAQs page or contact one of our Brisbane or Gold Coast family lawyers.