De Facto Lawyers in Hawkesbury

A de facto relationship exists when two people live together in a committed domestic partnership without being legally married. The court assesses factors such as the length of the relationship, financial dependence, shared living arrangements, and public recognition of the partnership. Unlike marriage, de facto status must be proven with evidence if legal action is required.

The Court uses the following criteria to assess whether you are in a de facto relationship:

• Both individuals are over the age of 18 and not legally married to each other
• They are not related by family
• Considering all the circumstances, they live together as a couple on a genuine domestic basis

The Court may also take the following factors into account:

• Duration of the Relationship: How long have they been together? Were there any significant breaks during which they dated other people?
• Existence of a Sexual Relationship: Did the couple have a sexual relationship? Were they physically intimate on a regular basis? Did they maintain separate bedrooms, and if so, why?
• Degree of Financial Dependence: Did one partner cover all the household expenses, or were they shared? Was one partner financially supporting the other? Did they merge their finances, such as through joint bank accounts?
• Ownership, Use, and Acquisition of Property: Did they purchase property together? Were both names on a mortgage or rental agreement? Did they share significant assets or make major purchases jointly?
• Care and Support of Children: Did the couple provide emotional or financial support for each other's children? Did either partner take on a parental or step-parental role?
• Public and Social Recognition of the Relationship: Did they introduce each other to friends and family as a couple? Were they generally recognised as a couple by their social circle and family members?

Since 2009, Australian law grants de facto couples, including same-sex partners, the same rights as married couples in property, financial, and parenting matters. Kells can help clarify your legal rights.

Yes. A property settlement application must generally be made within two years of the relationship ending. In certain cases, the court may allow late applications if denying them would cause hardship to a former partner or child.

Seeking legal advice early can help protect your interests. Book a consultation with one of Kells’ de facto lawyers in Hawkesbury to discuss your rights regarding property division and parenting matters. Our team has experience handling both same-sex and opposite-sex separations.

A relationship is usually considered de facto after two years, but exceptions exist. If children are involved or one partner made significant financial contributions, the court may recognise the relationship sooner. Public acknowledgment as a couple and registering the relationship with the state or territory can also strengthen legal recognition.

The main difference between marriage and a de facto relationship is how legal status is established. Married couples only need a marriage certificate, while de facto partners must provide evidence of their relationship, such as shared finances, cohabitation, and social recognition.

Despite this distinction, de facto couples — whether same-sex or opposite-sex — have the same legal rights as married couples under the Family Law Act 1975. This includes property settlements, child support, and spousal maintenance in the event of separation. Same-sex couples can choose to marry or remain in a de facto relationship, with both options offering equal legal protections.

De facto relationships are recognised by the Family Court, and partners have many of the same rights as married couples. If your partner passes away without a will, you may be able to claim a share of their estate. In a separation, you could be entitled to property division, spousal maintenance, or financial support—especially if you are caring for a child from the relationship. Additionally, if your partner dies due to a workplace incident, you may be eligible for workers' compensation benefits. The Family Law Act ensures that de facto partners are fairly treated in financial and legal matters.

To prove a de facto relationship, you must demonstrate several key factors, such as living together for a minimum of two years. Evidence can include shared living arrangements (e.g., a lease or mortgage in both names), joint bank accounts, and proof of mutual financial responsibilities. Social recognition of your relationship can also be crucial, which might include joint invitations, photographs, or witness statements from family and friends who can confirm your partnership. Registering your relationship with the relevant state or territory authority can also provide formal recognition and make the process easier. Ultimately, the aim is to show that your relationship meets the criteria of a genuine domestic partnership under the Family Law Act.

Selecting the right legal support during a de facto separation can make the process smoother, reducing stress and preventing unnecessary delays.

At Kells, we combine legal expertise with a personalised approach. Our experienced family lawyers understand the complexities of de facto separations and tailor advice to suit your specific situation. Your best interests are always our priority, and we are committed to helping you achieve a fair outcome.

Kells offers the expertise of a large firm while providing personalised attention. From property settlements to parenting arrangements and financial matters, we guide you through every step, offering clear and reliable legal support. Let Kells help you move forward with confidence.