De-facto Relationships: Separation Entitlements 

Are you ready to protect your de-facto relationship assets and entitlements?

Whether your relationship with your significant other is slowly coming to a close, or you’re starting afresh and seeking legal advice, we offer you the assistance and advice you need to deal with your de-facto relationship, and protect your assets and entitlements.

Are you in a valid de-facto relationship?

It is important to determine whether your relationship is a valid de-facto relationship. If a couple is unmarried but have a relationship that is indicative of being a genuine couple, advice should be sought as to whether the relationship can be legally classified as a de-facto relationship.

Legal requirements

For a couple to be in a de-facto relationship, the law of NSW requires them to have:

• a relationship that has lasted for a at least two years
• a child born from the relationship, or
• a relationship that has been locally registered

A couple can also be de-facto where a claimant in the relationship has made substantial contribution, and the withholding of their claim would lead to grave injustice towards them.

Court enquiries

To assess a couple’s relationship status, evidence about the relationship may need to be provided, such as:

• the nature of the relationship
• if there is any form of financial dependence
• the length of the relationship
• the type of residence involved
• the couples care and support of any children, and
• the authenticity of the commitment to the relationship.

If a person wants to make a claim involving their de-facto relationship, they generally must do so within two years of the relationship ending.

If you’d like to discuss de-facto relationships and their legal implications further, please contact us.