Why do de facto separations need a lawyer involved?
How de facto separation lawyers can help
If you have separated, or are about to, a de facto lawyer in Cairns can advise you about your legal rights and obligations. Decisions about property and child custody can have legal consequences if not handled correctly from the beginning.
The earlier you get a lawyer involved, the better chance you have 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 formalised 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 mediation or counselling process
- formalising and implementing your agreements
- corresponding with your accountant and/or financial advisor to protect your financial interest
- 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.
Frequently Asked Questions
When can I make a claim for property settlement?
There is a time limit to make 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 your 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 have to 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 to our de facto relationship lawyers to see whether you are entitled to property settlement after a separation.