Whether you are going through a divorce or de facto separation, it is likely that your property settlement and spousal maintenance matters will be dealt with in the same way.
But how do you define a de facto relationship in Queensland? In Australia, there is actually no strict definition of a de facto relationship and things like the length of time, financial circumstances and the existence of children will be taken into account when determining what happens upon a de facto relationship coming to an end.
Generally, if you have lived together for two years or more, or have children together, the Court will consider that you were in a de facto relationship and treat your family law matters similarly to how they would if you had been married.
De Facto Property Settlement
There is no exact calculation or formula used to determine a property settlement in a de facto separation which is why it is a good idea to get advice and guidance from a specialist.
Factors that are taken into consideration include both financial and non-financial contributions to the de facto relationship and the assets and liabilities you each have, as well as the ongoing needs of each party including the care of any children.
The only way property settlement in a de facto separation or a divorce differs is the time limit for resolving matters.
Within the first two years following the de facto separation, an application may be brought to the Court to have the property settlement dealt with. However, the time limit for married couples is only 12 months after a divorce becomes final (a divorce cannot be applied for until the parties have been separated for 12 months).
It is not impossible to bring an ‘out of time’ application, however you will need to take some extra steps and prove certain factors to the Court before you can begin. An experienced family lawyer can help you understand what your options are.
Spousal Maintenance and Binding Financial Agreements within De Facto Law
Spousal maintenance or spousal support is money paid from one partner to the other in order to support the receiving party financially through a de facto separation.
If you have been living together for two years, have a child together, or one partner has made significant contributions to the other, then spousal maintenance may be applicable to your circumstances.
Seek the advice of a de facto lawyer to find out if your situation calls for de facto spousal maintenance or support.
A De facto Separation Lawyer Will Help Support and Guide You
You should seek advice following a separation from a de facto relationship in Queensland to ensure that you can begin the process of moving forward into your new normal.
Choosing the right family lawyer for you can be difficult in the midst of a separation. Book a chat with our expert de facto lawyers and get to know how we will get the best possible outcomes for you and your family.