Family Law Property Settlement

Applying to have a Court resolve your de facto property dispute

If your de facto relationship has broken down after 1 March 2009, you can apply to the Family Court or the Federal Circuit Court to have your financial matters determined in the same way as if you were married to your former partner.

However, before you can make an application to the Court, you must first satisfy the following four criteria:

  1. you were in a genuine de facto relationship with your former partner which has broken down. To help determine whether you were in a de facto relationship, please click here.
  2. you meet one of the following four gateway criteria:
    1. the period of the relationship is at least 2 years; or
    2. there is a child of the de facto relationship; or
    3. the relationship is or was registered under a prescribed law of a State or Territory; or
    4. at least one party has made significant contributions and the failure to issue an order would result in a serious injustice.
  3. you have a geographical connection to a participating jurisdiction.
  4. your relationship broke down after 1 March 2009 (although you may be able to apply to the courts if your relationship broke down prior to the date applicable to your state).

You must apply for financial orders within two years of the breakdown of your de facto relationship. If two years has passed since separation, you will need the permission of the Court to bring an application.

If your de facto relationship has broken down and you want to know more about your options for finalising your financial matters (including options to settle out of Court), get in touch with us today for your free 30-minute consultation by calling 8391 8411 or emailing us at [email protected]