Parramatta’s De Facto and Same Sex Law Experts

Legal support throughout your separation

Going through a relationship split is a difficult and emotional time, no matter what the circumstances.

In Australia, the same laws apply to de facto and same sex couples in the event of a relationship breakdown as they do to couples who are married.

What is a de facto relationship?

The Family Court defines de facto as two people having a relationship as a couple and living together on a genuine domestic basis.

If you and your partner have been in an ongoing relationship for two years or if you have a child together, you will most likely be considered de facto by the courts. The court may also consider:

  • The physical nature of the relationship
  • Ownership of property
  • The joining of financial assets during the relationship
  • The public reputation of the relationship

The Family Court handles matters relating to child custody in the same way for de facto couples as it does for married couples.

Why would a de facto couple need a lawyer?

There are a few reasons why a de facto or same sex couple would need a lawyer.

  • Official registration / proof of a relationship
  • Binding Financial (prenuptial style) Agreements
  • Joining of assets
  • Division of assets after separation
  • Custody of children after separation
  • Death of a partner

A lawyer specialising in family and de facto law is fully aware of all legal requirements of a de facto relationship or separation. At Barwick Boitano, we will be able to give you the best advice to make sure your rights are taken care of.

Applying for support after a same sex / de facto relationship breakdown

Persons wishing to apply for property adjustment or maintenance from a former de facto or same-sex partner must do so within two years of separation in accordance with the Family Law Act.

Applying for support after this time is possible if the party is able to satisfy the court that:

  • Hardship would be caused to the party or a child if leave were not granted
  • The party’s circumstances were, at the end of the standard application period, such that he or she would have been unable to support himself or herself without an income tested pension, allowance or benefit.

Complete legal advice

Our team has specialised in Family Law and de facto legal matters for more than two decades.

We give each case the individual attention it needs, providing advice, mediation and reassurance to reach the best possible outcome.

Contact Barwick Boitano today for a confidential appointment

Parramatta, North Parramatta and Western Sydney De Facto and Same Sex Lawyers

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Call Barwick Boitano on (02) 9630 0444

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