De Facto Property Matters
One of the major sociological changes of the past generation has been the number of couples who live together without ever having said "I do" in front of a marriage celebrant.
A de facto relationship has been described by judges as a relationship where a man and a woman live together as a man and wife without being married, and as with a married couple, a de facto couple can have property and financial claims against each other if they separate.
De Facto Property Matters Team
Tim Ryan - Director
Laws were introduced in 2009 that resulted in Queensland referring the powers to govern financial matters following the breakdown of a de facto relationship to the Commonwealth. The new addition of Part VIIIAB to the Family Law Act 1975 (“the Act”), effected a number of substantial changes to laws governing a de facto relationship.
De facto law also covers same sex couples.
De facto property settlement claims
De facto property settlement claims only arise in a de facto relationship if the parties have been together for two years, or have a child. However, de facto property settlement claims may be made if there has been a substantial contribution and injustice would occur if the claim was not permitted.
Similar to property settlement claims for married couples, past contributions, both financial and non-financial, as well as future needs are accounted for to determine the appropriate division for the parties to a de facto relationship.
Superannuation splitting is available to de facto couples, as they are with married couples.
With the enactment of Part VIIIAB, de facto couples may enter into financial agreements similar to those of married couples.
The carer of a child has the right to claim maintenance for themselves, but only until a child turns 12. This right is based on a need, and is then subject to an ability to pay. Child support and any matters relating to parenting are for the Child Support as well as Family Laws.
How we can help
Quinn & Scattini Lawyers’ expert Family Law Team can assess your individual situation in accordance with the Act, provide expert guidance in negotiations with your former partner surrounding the fair division of property. We also offer practical and experienced advice if appearing before the Court is unavoidable, and provide you with the best possible representation if court-ordered agreements are required. With over 40 years’ experience, Q&S’s Family Law Team are experts in the family law field. The team also boasts two Accredited Family Law Specialists.
Attending an initial consultation, at any of our seven offices, is the essential first step.
The initial consultation provides you with an opportunity to meet your dedicated lawyer, discuss issues, identify your options, map solutions and provide an estimate of costs. Lasting up to one hour, our initial consultations provide the perfect opportunity to have a no obligation, confidential discussion about your family law matter.
In addition, the time spent provides you with an opportunity to assess whether our family solicitor is the right one for you during this important and often stressful transition in your life.
We understand that the urgent, and often unavoidable, nature of family law matters may leave you financially blindsided.
If eligible, we may be able to represent you on a “deferred fee basis”. This arrangement means your legal fees can be paid at pre-determined intervals for example, following the sale of a property or at the conclusion of your matter. Our expert lawyers will keep you up-to-date with costs, allowing you to stay in control of spend.
To determine your eligibility, call Q&S on 1800 999 529, or alternatively submit an online enquiry below. This aspect can also be discussed during an initial consultation.
Please note, we do not offer “no win no fee” arrangements for family law matters.
Quinn & Scattini Lawyers do not do Legal Aid for family law matters.
Quinn & Scattini Lawyers are preferred suppliers of Legal Aid for criminal law matters only.
If you require detailed information on the Legal Aid process, eligibility requirements or would like to make an application for a family solicitor, visit Legal Aid Queensland’s website or access the Factsheet “Can I get Legal Aid”.
Why choose us?
You will be talking to a real expert, local to you. You will not be treated like a file number, but as a real person, and a person going through a difficult and stressful experience. Get expert advice, not just what you want to hear, in a language you can understand, not legal jargon.
Q&S’s expert family lawyers are available at any of Q&S’s seven office locations.
Get in touch!
Book an initial consultation, submit an online enquiry below or speak to an expert family lawyer on 1800 999 529.