Why do de facto separations need a lawyer involved?

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De Facto Separation Lawyers Cairns

How de facto separation lawyers can help

If you have separated or are about to, it is important to speak to a de facto lawyer. A de facto lawyer in Cairns can advise you about your legal rights and obligations to ensure you make the best decisions for you and your family. Decisions about property and child custody can have legal consequences if they are handled incorrectly, so seeking legal advice is recommended.

The earlier you get a lawyer involved, the better your chance of protecting your interests. And if there are children involved, we can help with that too. Where possible, we aim to formalise an agreement without court involvement, but where needed, we have the expertise to help you reach a formal agreement by the court.

Our experienced family lawyers will support you throughout the process. We can help with:

  • negotiating with your former partner about property or child custody agreements
  • guiding you through the mediation or counselling process
  • formalising and implementing your agreements
  • corresponding with your accountant and/or financial advisor to protect your financial interests
  • supporting you through the court process if you can’t reach an agreement with your former partner.

At Cairns Divorce Lawyers, we always aim to avoid the stress, delay and cost of court proceedings. If your matter is in court, we will fight for the best possible outcome in the shortest possible time.

Your de facto relationship is recognised under the Family Law Act if you meet any of the following criteria:

  • You have lived together for two years.
  • You have a child together.
  • You have registered your relationship.
  • You have financial arrangements.

Contact us today and speak to a family lawyer in Cairns to discuss the best options for you and your family.

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Frequently Asked Questions

When can I make a claim for property settlement?

There is a time limit for making a claim for a property settlement after a de facto relationship has ended. This is generally two years from the date of your separation.

Usually, you must show that you have lived together for at least two years. But sometimes, even if the relationship was short, people can still make a claim if they have a child together.

Am I entitled to child support?

De facto couples have the same rights as married couples and are entitled to support from their former partner.

Does having a new partner affect child support?

Starting a new relationship or getting married won’t affect the child support you receive. Similarly, if you have to pay child support, starting a new relationship will not change the amount you must pay.

Can I claim spousal maintenance?

If you cannot support yourself after the relationship ends, then you may be able to claim spousal maintenance. However, your entitlement to maintenance will end if you marry or enter another de facto relationship.

How do I formalise an agreement in relation to a property settlement?

You can formalise a property settlement agreement through a consent order or a binding financial agreement. Talk with our de facto relationship lawyers to establish if you have a right to property settlement after separation.

Can a de facto claim for half your assets after a breakup?

De facto relationships have similar rights to married couples. With this in mind, it could be possible to split the assets 50 / 50 at the end of the relationship. However, there are many variables to consider when determining property settlements.

Considerations include the length of the relationship, the assets both parties brought into it, financial contributions, and whether children are involved. Australian family law does not automatically award a party an even split, unless there have been equal contributions.

If you are concerned that your former de facto partner may claim half your house or other financial assets, it is important to seek legal advice.