De Facto Relationship Lawyers Melbourne
Practical family law advice for de facto partners in Melbourne and across Victoria.
De Facto Relationship Lawyers Melbourne
Clear advice for your next step in de facto separation and property matters
As experienced de facto relationship lawyers Melbourne residents rely on, we understand these searches often come from people who are unsure where they stand. You may have lived together for years, kept finances partly separate, bought property, raised children, or disputed whether the relationship was de facto at all. Our Melbourne family lawyers help clients understand de facto relationship rights in Australia, property settlement options, maintenance issues and time limits after separation. As trusted de facto relationship lawyers Melbourne families turn to, we can help with:
Where possible, we look for a practical resolution first. Where court action is necessary, we help you prepare with clear documents, focused evidence and a strategy that keeps the main issues in view.
The right advice early can reduce confusion, protect your position and help you choose a path that matches the urgency of your situation. We will explain the legal process, the practical risks and the documents or evidence that may matter before you make decisions. Ask us about property settlement lawyers Melbourne options.
Awards
Winning
What de facto relationship advice covers
De facto relationship advice covers the key questions that arise after separation. We help you understand:
- Whether a relationship is likely to be recognised as de facto under Australian family law.
- Property settlement after de facto separation.
- Superannuation, debts, business interests and joint assets.
- De facto maintenance claims or responses.
- Parenting arrangements for children of the relationship.
- Financial agreements for de facto couples before or after separation.
Where possible, we look for a practical resolution first. Where court action is necessary, we help you prepare with clear documents, focused evidence and a strategy that keeps the main issues in view.
You can also talk to us about a binding financial agreement lawyers Melbourne option or formalising arrangements through consent orders lawyers Melbourne.
Why eligibility and timing matter
De facto matters often turn on evidence: how long you lived together, finances, property, children, public presentation and mutual commitment. There are also time limits for de facto financial claims. Getting advice early helps you understand what evidence matters and what steps should be taken next.
Family law decisions can affect children, housing, finances, business interests and future security. Getting advice does not commit you to a dispute. It helps you understand your position before informal arrangements become difficult to unwind. Evidence can include:
- How long you lived together
- Shared finances and contributions
- Property and joint assets
- Children of the relationship
- How the relationship was presented publicly
If you have separated, talk to our separation lawyers Melbourne team about your next steps and any deadlines that may apply.
Family law advice in Melbourne and across Victoria
Unified Lawyers Melbourne advises de facto clients across the Melbourne CBD and wider Victoria.
The legal framework is Australian family law, so the focus is not a separate state system, but the facts of the relationship and how the national law applies to people living in Victoria.
Our lawyers are experienced in de facto property and parenting matters. We can also help with spousal maintenance lawyers Melbourne questions where maintenance is in issue.
We work toward a fair and practical resolution, with clear advice and transparent next steps so you understand what matters most in your situation.
How we help
To help you understand the pathway, here is how we usually approach a de facto matter.
Assess the relationship
We consider the length, living arrangements, finances, children, property and public aspects of the relationship.
Identify financial issues
We review assets, debts, superannuation, business interests and financial contributions.
Check time limits
We consider whether any deadline affects property or maintenance applications.
Plan and resolve connected issues
We discuss agreement, consent orders, financial agreement or court options, and connect property, parenting, maintenance and safety concerns into one practical plan.
Understand your de facto relationship rights
Speak with a Melbourne family lawyer about de facto separation, property settlement or maintenance.
Your first conversation is confidential and focused on helping you understand your options.
What the law looks for
The legal definition and the factors a court weighs
A de facto relationship exists where two people, who are not married or related, have a relationship as a couple living together on a genuine domestic basis. There is no single test. Instead, a court looks at the whole picture and weighs a range of statutory factors together. No one factor is decisive, and not every factor needs to be present.
Living arrangements
Whether you lived together, and how your household was organised. Sharing a home, a lease or a mortgage points towards a genuine domestic relationship, though living together is not strictly essential.
Nature of the commitment
The degree of mutual commitment to a shared life. This looks at the sexual relationship, how the relationship was presented to family and friends, and whether you intended to build a future together.
Finances and the household
How finances, property and day-to-day life were shared. Joint accounts, shared bills, financial support, ownership of property and the care of any children all carry weight.
Do not miss the deadline
The two-year time limit
Timing is one of the most important and most overlooked parts of a de facto matter. There is a strict time limit for bringing a property or maintenance claim, and missing it can mean losing the right to claim altogether.
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Years from separation
For de facto property and maintenance claims, you generally have two years from the date of separation to apply to the court. After that, you usually need the court’s permission to apply at all, which is not guaranteed.
When time can be extended
Hardship to a child
Where refusing the application would cause hardship to a child of the relationship.
Serious injustice
Where an applicant would face serious injustice or hardship if leave to apply out of time were refused.
It is still the court’s discretion
Even where a ground exists, the court decides whether to allow a late application, so acting promptly is always safer.
When the relationship is disputed
My ex says we were never de facto
It is common for one person to deny the relationship was de facto, often because it affects what they may have to share. You do not need a single document to prove it. The court looks at the overall picture, built from many ordinary pieces of evidence that together show a genuine domestic relationship.
Living together
- Shared lease or mortgage
- Mail and bills at one address
- Driver licence and electoral roll details
Financial life
- Joint bank accounts
- Shared bills and expenses
- Financial support between you
Public life
- Social media and photos
- Invitations addressed to you both
- Statements from family and friends
Everyday life
- Messages, cards and emails
- Holidays and trips together
- Caring for children or pets together
Your entitlements
Property settlement: de facto compared with married couples
A common worry is that de facto partners have weaker property rights than married couples. In most respects, that is not the case. The same federal law and the same four-step approach apply to both.
What is the same
The court follows the same approach to dividing property: identifying the asset pool, assessing each person’s contributions, considering future needs, and arriving at a result that is just and equitable. Financial and non-financial contributions, including homemaking and parenting, are recognised the same way.
What is different
The main differences are at the threshold and the deadline. A de facto partner must first establish that a de facto relationship existed and that it meets the eligibility criteria, and the application must generally be made within two years of separation rather than within twelve months of a divorce.
Work out the asset pool
All assets, liabilities and financial resources of both partners are identified and valued.
Assess contributions
Financial, non-financial, homemaker and parenting contributions across the relationship are weighed.
Consider future needs
Factors such as age, health, earning capacity and care of children are taken into account.
Check it is just and equitable
The proposed division must be fair in all the circumstances before the court will make it.
Eligibility nuances
Same-sex and short relationships
Two questions come up often: whether de facto laws apply to same-sex couples, and whether a relationship was long enough to count. The answers are reassuring, but the detail matters.
Same-sex relationships
De facto laws apply equally regardless of gender. Same-sex couples have exactly the same de facto rights and obligations as opposite-sex couples, covering property, maintenance and parenting.
The same factors are used to establish the relationship, and the same two-year time limit and property principles apply. Marriage equality did not remove these de facto protections; they continue to apply to couples who did not marry.
Short relationships
As a general rule, a de facto relationship needs to have lasted at least two years before a property claim can be made. But that is not the only path.
A shorter relationship can still qualify if there is a child of the relationship, if one partner made substantial contributions and serious injustice would result without an order, or if the relationship was registered. These exceptions matter, so a short relationship is worth checking rather than assuming you have no claim.
What clients value about working with Unified Lawyers
Clients choose Unified Lawyers Melbourne for clear communication, practical guidance and support during difficult family law matters.
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Frequently Asked Questions About De Facto Relationships
What is a de facto relationship in Australia?
A de facto relationship is assessed by looking at the circumstances of the relationship. Factors can include living together, duration, finances, children, property and public commitment.
Can de facto partners have property settlement rights?
Yes, eligible de facto partners can apply for financial matters to be determined in a similar way to married couples.
Is there a time limit after de facto separation?
Generally, de facto financial applications must be made within two years of the relationship breakdown, unless the Court gives permission.
What if my former partner says we were not de facto?
Evidence becomes important. Documents, messages, leases, accounts, children, travel and public records may help establish the nature of the relationship.
Can de facto partners claim maintenance?
In some circumstances, de facto maintenance may be available. Need and capacity to pay are important issues.
Do de facto parenting matters work differently?
Parenting matters are focused on the child’s best interests. The parents’ marital status is usually not the central issue.
Can a de facto couple make a financial agreement?
Yes. Financial agreements can be made for de facto relationships if legal requirements are met.
Can Unified Lawyers Melbourne help if property is only in one person's name?
Yes. Financial agreements can be made for de facto relationships if legal requirements are met.