De Facto Lawyers Sydney

A Binding Financial Agreement (BFA) offers strong asset protection for parties in a de facto relationship because it bypasses the Family Court’s jurisdiction to divide your property or award maintenance. These agreements can be executed before starting the relationship, during the relationship, or after the breakdown of the relationship.

To be legally enforceable, the agreement must be signed by both parties without fraud, undue pressure or duress. It also strictly requires that both parties receive independent legal advice from a qualified Australian lawyer who will sign off on a compulsory certificate that the lawyer has provided advice on the agreement. 

Standard or generic financial agreements are easily overturned in the Court. It is in your best interest to ensure you have a bespoke, thorough and accurate agreement drafted by experienced de facto lawyers to ensure your assets and property are protected.  

Book a consultation with our de facto lawyers now to protect your assets with a BFA.

Whether you are moving in with your partner or navigating a separation, legally defining your relationship status is often the critical first step in de facto matters. Under section 90RD of the Family Law Act 1975, the Federal Circuit and Family Court of Australia can make a formal declaration regarding the existence, duration, and details of a de facto relationship.

We utilise this legal mechanism to protect your assets across the entire relationship lifecycle:

• Proactive Asset Protection (BFAs): If you are entering a relationship, establishing your de facto status allows our Accredited Specialists to draft a robust and enforceable Agreement. This ensures that if you do break up, your assets are divided (or not divided) in accordance with your own wishes and agreement with the other party, rather than the Court deciding for you. 
• Separation and Property Settlements: If your relationship has broken down, securing a formal declaration that a de facto relationship exists, grants the court the jurisdiction required to make binding property and spousal maintenance orders.
• Disputing Baseless Claims: If a casual partner attempts an unfounded claim on your assets, we leverage our litigation experience to dispute the relationship's existence and resolve the claim before litigation escalates.

Book an initial consultation now to speak with our family lawyers about securing or defending against a de facto declaration.

Unlike a marriage, there is no formal certificate required to legally separate from a de facto partner. A de facto separation is legally recognised the moment one or both parties communicate the intention to end the relationship and act on that intention (such as by moving out of the family home). You can however, still be separated and living under the one roof, and therefore the communication of the end of the relationship to the other party is critical. 

From this exact date, critical statutory time limits begin, making it essential to document the date of separation clearly (see below).

After a de facto separation, The Family Court applies the framework from the Act to determine a fair property settlement. This process involves:

• Identifying the complete net asset pool (including real estate, businesses and superannuation);
• Assessing all financial, non-financial contributions and contributions to the care and welfare of the family (such as homemaking and parenting contributions);
• Evaluating both the current and future needs of both parties;
• Considering the economic impact of family violence or abuse on a party's financial contributions;
• Determining the ownership of pets and companion animals based on primary caregiving.

If a party attempts to hide assets, the court can draw adverse inferences against them or completely set aside existing agreements. The court can also consider "wastage" by a party (e.g. if that party has depleted funds and/or acted recklessly in relation to assets) when determining what overall division of current net assets should be applied to the partiers. 

If one partner cannot adequately support themselves post-separation - due to age, physical incapacity, or caring for a child - they may also be entitled to ongoing or lump-sum Spousal Maintenance, provided the other partner has the financial capacity to pay.

Led by Accredited Family Law Specialists, our de facto lawyers actively pursue expert mediation to secure favorable settlements and preserve your assets privately. However, if the opposing party is unreasonable or attempts to hide assets, our team possesses the litigation experience necessary to protect your assets in court.

The Strict 2-Year De Facto Separation Time Limit

Under the Family Law Act 1975, you face a strict statutory deadline following a relationship breakdown. Any application for a property settlement or spousal maintenance must be filed within exactly 2 years of the date of separation (s 44(5) FLA).

Missing this deadline means your automatic right to apply is lost. Applying for a property settlement after the separation time limit requires seeking special "leave of the court" (s 44(6) FLA), which is only granted if refusing the application would cause severe hardship. 

Do not risk your right to a fair settlement by delaying action. Book a consultation with our family law specialists in Sydney today.

What is a De Facto Entitled to When Separated

Even if you successfully establish that a de facto relationship existed, the Family Court will only make orders for property settlement or spousal maintenance if you meet at least one of the following gateway requirements under Section 90SB of the Family Law Act 1975 (Cth):

• The relationship lasted for an aggregate period of at least 2 years; or
• There is a child of the de facto relationship; or
• The applicant made substantial contributions (financial, non-financial, or homemaker) and a serious injustice would result if no order was made; or
• The relationship was registered under a prescribed state law, such as the Relationships Register Act 2010 (NSW).

You must also satisfy the geographical requirement under Section 90SK of the Act. The parties must have been resident in a participating state, like New South Wales, for at least one-third of the relationship.

The law strictly excludes casual dating, "friends with benefits" arrangements, and commercial flatmates from claiming de facto entitlements. However, family structures can be complex. Under Section 4AA(5)(b) of the Act, a person can be in a legally recognised de facto relationship even if they are still legally married to someone else.

Unsure if your de facto relationship meets the threshold for property settlement and spousal maintenance? Book a consultation with our de facto separation lawyers.

Under Australian law, children of de facto relationships possess the exact same legal rights as children of married couples. Parenting arrangements are governed by Part VII of the Family Law Act 1975, which dictates that all decisions must prioritise the "best interests of the child."

We provide resolution-focused guidance to help you negotiate sustainable parenting plans and formal Consent Orders out of court. Additionally, we can advise on your children’s rights and your obligations as a parent, and also your rights and obligations regarding child support.

Ordinarily, child support is assessed and managed via Services Australia to ensure your children are financially supported. However, you can also do a private agreement called a Binding Child Support Agreement.