Dividing property after a De Facto relationship Ends. What you need to know
Dividing property after a De Facto relationship Ends. What you need to know
If you’ve built a life with someone – sharing a home, finances, or investments – but were not legally married, you may be wondering:
- Who keeps what after separation?
- Do I have legal rights to shared property?
- What happens if we cannot agree?
Property division following a de facto relationship can be complex. Understanding your rights and obligations early is essential to achieving a fair outcome.
Were you in a De Facto Relationship?
It may be considered a de facto relationship if you and your partner lived together on a genuine domestic basis. The Court assesses this by considering factors such as the length of the relationship, living arrangement, financial interdependence, the nature of your commitment, and how the
relationship was viewed by others.
If there is uncertainty or dispute, legal advice is critical.
Are you entitled to a Property Settlement?
You may be eligible for a property settlement if you were in a de facto relationship and at
least one of the following applies:
- The relationship lasted two years or more
- You have a child together
- You made substantial contributions and it would be unjust not to recognize them
- The relationship was legally registered
Contributions may be financial, non-financial, or as a homemaker or parent. Their significance depends on the circumstances of each case.
How is Property Divided?
The Court applies a four-step process:
- Identify the asset pool
- Assess each party’s contributions
- Consider future needs
- Determine a just and equitable outcome
If an agreement is reached, it should be formalised through Consent Orders or a Financial Agreement. If not, the matter may proceed to negotiation in Court.
If you are not Eligible
If you do not meet the legal criteria, you may not have a claim under family law. However, if property is jointly owned, you will need to reach an agreement regarding its sale, transfer or ongoing ownership.
Time Limits
Applications for property settlement must generally be made within two years of separation. After this period, Court permission is required and is not guaranteed.
Why Seek Legal Advice?
A Family Lawyer can:
- Advise on your entitlements
- Assist in negotiating a fair outcome
- Prepare binding agreements
- Represent you in Court if required
Every Relationship is different. Obtaining tailored legal advice with ensure you understand your position to move forward with confidence. If you require assistance or legal advice, please contact our office on 02 6542 5566 to arrange an appointment and discuss your options.
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This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.
