Legal Equality
We ensure you are treated with the full weight of the law, mirroring the protections afforded to married couples regarding assets and children.
De Facto Relationships
Legal assistance for couples in de facto relationships, including property rights, parenting matters, and other related matters.
Equal Rights for De Facto Couples
In Australia, de facto couples generally have the same legal rights and responsibilities as married couples. However, proving the existence of the relationship can sometimes add a layer of complexity. At Eliver Family Law, we help same-sex and opposite-sex couples navigate the unique requirements of de facto law, ensuring you receive your fair entitlement to property and parenting rights.
Strict Time Limits
De facto property claims must be made within 2 years of separation. We act fast to ensure you don’t miss this critical limitation period.
Evidentiary Expertise
If there is a dispute about relationship status, we will assist in gathering the necessary evidence to ascertain the existence, or the lack of, a “genuine domestic basis” of your union.
What’s included in our De Facto Relationships
Proof of Relationship
Assisting with declarations to satisfy the 2-year cohabitation rule or other jurisdictional requirements (e.g., a child of the relationship).
Property Division
Negotiating the division of assets, superannuation, and liabilities accumulated during the de facto relationship.
Same-Sex Relationships
Providing inclusive, expert legal support for LGBTQIA+ couples, who are fully covered under the Family Law Act.
Separation Agreements
Drafting formal separation documents to finalise financial ties and prevent future claims.
Frequently asked questions
Every family is unique, and so are the questions that arise during times of change. Here are some of the most common concerns people ask when navigating De Facto Relationships-related legal issues.
What counts as a "De Facto" relationship?
Generally, you are de facto if you are not married but live together on a genuine domestic basis. The court looks at factors like the duration of the relationship (usually 2+ years), shared finances, sexual relationship, and public reputation.
We didn't live together full-time. Are we de facto?
Possibly. You don’t need to be together 24/7. “Living together apart” is recognised in some circumstances. We can assess your specific situation.
I separated 3 years ago. Can I still claim property?
The standard limit is 2 years. However, you may be able to apply for “leave” to proceed out of time if you can prove hardship would result otherwise. Legal advice is critical.