De-facto Relationships

Separation, know what you are entitled to when you are in a de-facto relationship.

When a de facto relationship ends, separating assets and negotiating parenting arrangements can become a complex and emotionally charged process. In Queensland, de facto couples have rights and responsibilities similar to those of married couples under the Family Law Act 1975. Understanding your entitlements and the legal framework is essential for achieving a fair property settlement and securing the best outcome for your family.

At Collective Family Law Group, we specialise in guiding de facto couples through property settlements, ensuring clarity, fairness, and compliance with Queensland laws.

What Is a De Facto Relationship Under the Law?

A de facto relationship is defined as two individuals living together on a genuine domestic basis without being legally married or related. The law recognises de facto relationships as valid unions, providing couples with similar rights to married couples in areas such as property division and financial settlements.

To qualify for a property settlement as a de facto couple in Queensland, you must meet certain criteria:

  • The relationship lasted at least two years.
  • You have a child together.
  • Significant financial or non-financial contributions were made by one party that justify a property claim.

De Facto Property Settlement in QLD

When it comes to property division after separation, Queensland laws require a just and equitable division of assets and liabilities. This process includes:

1. Identifying and Valuing Assets and Liabilities

The property pool includes all assets and liabilities accumulated during the relationship, such as:

  • Real estate
  • Superannuation
  • Investments
  • Bank accounts
  • Vehicles
  • Debts, such as mortgages or loans

Transparency is key, as both parties must disclose all financial information to ensure a fair division.

2. Assessing Contributions

Both financial and non-financial contributions are considered, including:

  • Income, investments, and asset purchases
  • Homemaking and child-rearing contributions
  • Efforts that enhanced the value of shared property

Courts also take into account any sacrifices made by one party, such as giving up a career to care for children.

3. Considering Future Needs

Future needs are evaluated to ensure financial stability for both parties. Factors such as age, health, earning capacity, and responsibility for children play a significant role in the final settlement.

4. Reaching a Fair Settlement

Queensland law focuses on achieving a resolution that ensures both parties can move forward with financial security. However, this doesn’t always mean a 50/50 split—it depends on individual circumstances.

Why Legal Advice Is Crucial for De Facto Property Settlements

Navigating the legal intricacies of a de facto property settlement in QLD can be challenging. Engaging an experienced family lawyer ensures that your rights are protected and that the settlement process proceeds smoothly.

At Collective Family Law Group, we help de facto couples:

  • Understand their entitlements.
  • Negotiate property settlements.
  • Draft legally binding agreements, such as Consent Orders or Binding Financial Agreements.
  • Resolve disputes through mediation or court representation, if necessary.

Parenting Arrangements for De Facto Couples

If children are involved, parenting arrangements must prioritise their best interests. Whether you’re negotiating custody or visitation, a lawyer can help ensure the arrangements are fair and supportive of your children’s needs.

How Collective Family Law Group Can Help

We know that separation can be overwhelming. Our dedicated team of family lawyers is here to provide you with compassionate and practical advice tailored to your unique situation. From asset division to parenting agreements, we work to secure the best possible outcome for you and your family.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For personalised guidance on your family law matters, please consult with family law solicitors on the Gold Coast at Collective Family Law Group.

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