De Facto & Same Sex Partners Property

Eales & Mackenzie has considerable experience in dealing with de facto and same sex partnerships.

There is a lot of incorrect information in the community about de facto relationships and you should talk to a lawyer to see how the law applies to you.

In most cases a de facto property or maintenance application can be made if:

• the relationship existed for at least two years, or
• there is a child of the partners.

Other, more complicated provisions may apply so even if your relationship lasted less than 2 years, you should talk to a lawyer.

Property settlement and maintenance applications must be made within two years of the relationship ending, but in exceptional circumstances the court may let you apply outside this time period.

For most people, their de facto matter will be decided on the same basis as if they were married.  This includes property settlements, maintenance applications, financial agreements and parenting issues.