De Facto Separation Lawyers Ipswich & Brisbane

When the law treats you as a de facto couple

Living together as a couple on a genuine domestic basis.

Under the Family Law Act, a de facto relationship is two people living together as a couple on a genuine domestic basis. The court looks at things like how long you lived together, whether you shared finances and property, whether you had children, and how you presented to family and friends. To make a property claim, the relationship generally needs to have lasted at least two years, unless there is a child of the relationship, one partner made substantial contributions that would be unjust to ignore, or the relationship was registered.

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Property settlement and the two-year time limit

Two years from separation, not from a divorce.

De facto couples divide property much the same way married couples do: the court looks at what you own and owe, what each of you contributed, and what each of you will need. The key difference is timing. A de facto property claim must be made within two years of the date you separated. After that, you need the court's permission to apply, which is not given lightly.

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How we help

Clear advice on where you stand, then an agreement that's final.

We confirm whether your relationship counts as de facto, work out what's in the property pool, and negotiate a fair division. Agreements are made final through consent orders or a binding financial agreement, so neither of you can come back later. If there are children, we make sure the parenting and child support arrangements fit with the property settlement.

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Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

"I simply can’t thank and commend Richie, Steven, Renata and the whole team at Stanford Financial enough for making my mortgage refinance as smooth as humanly possible."

Dan

Stanford Financial Client

"We are so Blessed with our new Home. Thanks to Stanford Legal, Laura was a joy to communicate with anytime we needed to enquire. Quick, reliable and very Trustworthy."

Katrina Emberson

Stanford Legal Client

"We are beyond grateful for Richie and the team at Stanford! 🙌🏻 Through every hurdle and challenge, they went exceptionally far to help get our application through."

Khirsten Mamangun

Stanford Financial Client

"One thing I always love and look for when choosing people to guide me is how much time and presence they give. They treated us like we were the only client they had."

Dragica Radosavljevic

Stanford Legal Client

"All the team at Stanford were good to deal with. If you're a Veteran struggling to get a loan approved because you're on Incaps, or Super, speak to them."

Stewart S

Stanford Financial Client

"This is the second time we’ve used stanford financial, and once again the experience was outstanding."

Blake Whitehead

Stanford Financial Client

"Phenomenal service. Thank you to the Stanford Legal team for all your help & guidance."

Bryony Winsor

Stanford Legal Client

"I can’t recommend Stanford legal enough. All 3 property sales have been seamless, professional and efficient. The team are amazing and will look after you."

Christie Johnston

Stanford Legal Client

"The team at Stanford Financial are brilliant! I was referred to them by a friend and dealing with them has been a fantastic experience."

Andrew Bell

Stanford Financial Client

"I honestly can't thank the team enough at Stanford Financial, especially Richie and Mitch! They both went above and beyond to get my finance sorted, and they did it all within 24 hours!"

Jamie Harris

Stanfor Financial Client

QUESTIONS

Frequently asked questions

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How long do you have to live together to be de facto?

There's no single test, but for a property claim the relationship generally needs to have lasted at least two years. A shorter relationship can still qualify if there's a child together, one partner made substantial contributions, or the relationship was registered.

Is there a time limit for a de facto property settlement?

Yes. You need to apply within two years of separating. After that you need the court's permission to apply out of time.

Do de facto couples split property 50/50?

Not automatically. The court looks at the property pool, each person's contributions and future needs, the same as for married couples. Fair doesn't always mean equal.

Can we make our agreement legally binding?

Yes, through consent orders approved by the court or a binding financial agreement. Both make the division final.

Does de facto status affect child support?

No. Child support applies to the children of any relationship, married or not, and is worked out by Services Australia's formula.

De facto separation lawyers in Ipswich and Brisbane

When the law treats you as a de facto couple

Property settlement and the two-year time limit

How we help

Looking for a different family law service?

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Domestic violence

Dispute resolution

Mediation and arbitration

Prenups

Superannuation splitting

International family law

Living arrangements

Held to the standards the profession sets, not just our own.

Clear about the rules, fair about the outcome

Meet your legal team

Logan Stanford

Victoria Eastwood

Janelle May

Jo-Anne Furlong

Laura Stuart

Ryder Simms-Reeve

Trusted by families across South East Queensland

Frequently asked questions

We're here to help you.