Family Law
De Facto Lawyers
Our lawyers help separating de facto couples address all aspects of family law, assisting with negotiations and formalising agreements to ensure outcomes are fair, appropriate and legally enforceable.
Our de facto lawyers guide you through all aspects of family law with clarity and integrity.
Separation often brings complex legal and financial questions. At Eliza Legal, we provide clear, practical advice to help you understand your rights and responsibilities. We work with you to develop agreements and solutions tailored to your unique circumstances, aiming to resolve matters efficiently and protect your interests, often without needing to go to court.
We understand that every family situation is different. Our team takes the time to listen, assess your options, and ensure any arrangements are legally sound and fair, giving you peace of mind during a challenging time.
How our de facto lawyers help with separation and family law matters
We understand that family law issues following separation can be complex and emotionally challenging. Our experienced lawyers provide clear, practical advice to help you understand your rights and responsibilities, empowering you to make informed and best-interest decisions after a relationship ends.
Our services include:
- Advising on eligibility, entitlements, and obligations in family law matters
- Assisting with property settlements and the division of assets for de facto and married couples
- Drafting and reviewing financial agreements, including Binding Financial Agreements and consent orders
- Advising on parenting arrangements, child support, and related family responsibilities
- Representing you in court if agreements cannot be reached through negotiation or mediation
- Assisting with the variation or enforcement of existing court orders or agreements
- Coordinating with financial and other professional advisors to assess ongoing needs
Contact our team today for advice on negotiating, formalising, or reviewing agreements or court applications in de facto and broader family law matters.
How is a de facto relationship defined in Australian family law?
A de facto relationship exists when two adults, whether of the same or opposite sex, live together on a genuine domestic basis and share a sexual relationship and mutual commitment without being legally married. Our team often assists clients in proving de facto status, particularly where the relationship has lasted at least two years or has resulted in financial dependence, a shared life, or shared children.
Australian family law considers the private and public aspects of the relationship, the length of time together, and the date of separation, as well as any other unique circumstances that may apply, to determine the existence of a genuine de facto relationship.
What rights and obligations do couples leaving a de facto relationship have?
Couples leaving a genuine de facto relationship have legal rights and obligations similar to those of legally married couples, in areas such as property settlement, parenting matters and financial orders.
Family law courts consider a range of factors, including financial dependence, substantial contributions, and a split that is fair to both parties. One party may claim adjustments during settlement based on any of these factors. Our team will help you manage the legal complexities, meet time limits, and comply with the prescribed laws to ensure a fair settlement.
What legal steps are essential to consider after de facto relationship breakdown?
After a genuine domestic relationship breaks down, both parties should seek legal advice on parenting and financial matters. Early steps often include:
- Deciding on a separation date
- Organising living arrangements and who will pay the bills, mortgage, etc
- Working out what arrangements will work for parenting matters
- Identifying shared property,
- Determining whether child support or spousal maintenance will be required.
Seeking legal advice from a family law firm with extensive experience in de facto matters will ensure that all of these areas are covered in a timely manner.
How is property settlement managed after de facto relationships end?
Property settlement after a de facto relationship is handled in a very similar way to that of divorcing couples. There may be additional requirements to prove the existence of a de facto relationship, but property settlement is otherwise managed as it is with a divorce. There are time limits for a de facto relationship property settlement, which are to initiate a claim within two years of the date of separation, which can only be extended at the court's discretion.
Required steps are:
- To establish the existence of a genuine de facto relationship
- To assess the property pool, which includes debts, assets and shared property
- For both parties to show what they have contributed (financial contributions, superannuation, parenting, renovations, and family loans are all considered)
- To define the current and future needs of both parties
- To clarify any other particular circumstances that may affect the settlement outcome, such as ongoing parenting duties, family businesses, health issues or inheritances
From here, parties will need to reach an agreement via negotiation (lawyer-assisted or private), in mediation or potentially in court, if other methods fail. Financial agreements can be formalised with Consent Orders or a Binding Financial Agreement.
How we can assist:
Our firm provides a full range of family law services, offering practical legal advice at every stage of separation, including:
- Assessing eligibility, obligations and entitlements for financial support and property matters
- Negotiating fair arrangements based on financial needs, capacity and unique circumstances
- Drafting and reviewing Binding Financial Agreements, consent orders and other formal agreements
- Representing clients in court where matters cannot be resolved through negotiation
- Seeking variation or enforcement of existing financial or court orders
- Advising on how financial arrangements interact with property settlements and parenting matters
- Identifying issues of non-disclosure, financial imbalance or unfairness
- Supporting clients through legally complex matters, including financial pressure or coercion
- Coordinating with accountants, valuers, and other experts to assess long-term needs and affordability
Our team helps families in Mt Eliza, Mornington & Frankston
Expertise in Family Law
Experienced family lawyers providing guidance on financial support and related matters
Tailored Solutions
Advice on spousal maintenance designed to suit your individual circumstances and financial needs
Clear, Strategic Guidance
Practical strategies aimed at long-term stability and minimising future disputes
Local Knowledge
A trusted firm supporting clients across Mount Eliza and the Mornington Peninsula
Our Process
Step 1: Free 20-Minute Call
Discuss your situation with one of our family lawyers and determine whether a spousal maintenance arrangement may be relevant.
Step 2: Fixed-Fee Initial Consultation ($440)
In a 90-minute meeting, we review your financial position, explain your legal rights and obligations, and explore suitable support options.
Step 3: Preparation & Review
Complete a pre-consultation form so we can provide personalised advice and accurately prepare or assess your spousal maintenance agreement.
Frequently Asked Questions
Have another question that hasn't been answered? Get in touch with our team and we'll help answer all your questions.
What is the basic definition of a de facto relationship in Australia?
A de facto relationship exists when two adults, whether of the same or opposite sex, live together on a genuine domestic basis, share a mutual commitment, and are not legally married. Courts consider shared finances, parenting responsibilities, and other factors to determine if the relationship qualifies under the Family Law Act. Eliza Legal's de facto lawyers in Melbourne can help prove your status and assist you with parenting and property matters.
What areas of the Family Law Act cover de facto relationships?
The Family Law Act covers property settlements, spousal maintenance claims, and parenting matters for de facto partners. The court system, including the Family Court and Federal Circuit Court, applies almost the same principles to de facto relationships as for legally married couples, ensuring fairness after a relationship ends.
What if we were not living together the whole time?
Periods of separation do not automatically end de facto status. Courts assess the overall shared life, financial dependence and mutual commitment. Even if you were apart for some time, your relationship may still be seen as a valid de facto relationship.
What if we can't agree on a separation date?
If partners cannot agree, the court may determine the date based on evidence such as correspondence, financial transactions or the last time you lived together in a genuine domestic relationship. The separation date can affect property pool division, spousal maintenance and some parenting matters.
Can same-sex de facto partners claim spousal maintenance?
Yes, the Family Law Act treats same-sex and opposite-sex de facto partners equally. Either partner or ex-partner can make a spousal maintenance claim, and the courts consider financial dependence, contributions, and each party’s unique circumstances to determine a fair outcome.
How does the court system assess property settlement for de facto partners?
The Family Court or Federal Circuit Court assesses both financial and non-financial contributions when dividing the property pool. The courts consider each partner’s or ex-partner’s circumstances, including their role in the relationship and any relevant factors, to achieve a fair property settlement.
Book your free 20-minute discovery call with a skilled De Facto lawyer
Let’s take the first step together. Book online via the button below, and our team will be in touch to discuss your situation.
