Getting a Divorce in QLD: Step-by-Step Guide
Considering divorce? Learn the steps involved in getting a divorce in QLD and what you…
De Facto Lawyers Cairns
Cairns De Facto Separation Lawyers
Your local separation lawyers
It is becoming more common for couples to remain in long-term relationships without marrying. However, those in this situation still enter into what is considered by many, to be traditional marital transactions such as purchasing property or having children together. With de facto relationships on the rise in Australia, there is increasing confusion over de facto laws and entitlements during a separation.
Unlike other countries, if you are in a de facto relationship in Australia you generally have the same rights as a married couple once you separate. If you are separating, our Cairns family lawyers can help you understand what these rights are so you can make informed decisions.
Under the Family Law Act, a person is in a de facto relationship with another person if: The Family Law Court may consider other factors when determining if a couple is in a de facto relationship, such as: If you are unsure whether this applies to you, speak to a de facto lawyer at Cairns Divorce Lawyers today.
What is a de facto relationship?
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De Facto Separation – Legal Advice for Cairns Families
De facto relationships are common, but the legal rules can feel complicated when a separation happens. If you’re separating from a partner you weren’t married to, a de facto lawyer can explain your rights, help freeze the status quo where necessary, and guide you through a fair de facto property settlement. Our de facto lawyers based in Cairns focus on practical solutions that protect your future and your family.
Unlike a simple break-up, a de facto separation often involves shared property, superannuation, children, businesses or debts. Our de facto separation lawyers in Cairns work with you to identify what’s owned, what’s owed, and how contributions (financial and non-financial) should be recognised.
We aim to negotiate clear agreements where possible, through Binding Financial Agreements or Consent Orders, and only step into court when it’s genuinely necessary.
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Practical Help for De Facto Separations in Cairns
Working with a de facto lawyer in Cairns means you’ll have access to a broad team of experts. If your separation touches on parenting, our custody lawyers and custody solicitors can assist. If financial division is complex, our property lawyers and property settlement lawyers will coordinate to build a comprehensive picture of the asset pool.
Our in-house divorce lawyers and solicitors can handle overlapping issues or if you need to transition legal status from de facto to married.
Fast, Fair Solutions for De Facto Property and Parenting Issues
- Provide a clear assessment of whether your relationship meets the legal definition of de facto.
- Explain time limits – de facto property claims generally must be started within two years of separation, and preserve your rights.
- Gather financial records, value assets (including superannuation), and document non-financial contributions such as homemaking and child care.
- Negotiate settlements that avoid court where possible, then formalise agreements through Consent Orders or Binding Financial Agreements.
- Represent you in court or at mediation if disputes can’t be resolved by agreement.
- Coordinate parenting and property outcomes with family lawyers in Cairns so your children and finances are handled holistically.
With us, you’ll work directly with a de facto lawyer in Cairnswho understands regional realities and the local Family Court system. We keep communication simple and responsive, returning calls and emails promptly so you always know where your case is at.
Why You Need to Act Early
Timing matters. In most cases, you have two years from the date of separation to commence a de facto property settlement claim. Missing that deadline can severely limit your options. Early legal advice from de facto separation lawyers protects evidence, preserves rights, and often prevents rushed, unfair agreements.
A Practical, Affordable Approach
We know separation can be financially stressful. Our firm offers fixed-fee options for certain tasks and flexible payment arrangements where appropriate. Your initial consultation with a lawyer in Cairns will clarify likely costs and the best path forward – whether that’s negotiation, mediation, or court.
Get a Fair Split, Fast
We’ll identify your entitlements and negotiate a practical de facto property settlement that protects your future. Contact our de facto separation lawyers in Cairns for a clear plan and fixed-fee options.
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Frequently Asked Questions
What should I do if I have separated from my de facto partner?
If you have recently ended, or are thinking of ending a de facto relationship, you should speak to a family lawyer as soon as possible. As with a property settlement after marriage, there are various factors that will determine the outcome.
Getting the right advice from a family law expert can help you understand what your entitlements and obligations are. There could also be timeframes that impact decisions. Once you have a full picture of where you stand, you’ll be able to move forward with confidence.
What if my ex-partner denies a de facto relationship exists?
If a party denies the couple was in fact in a de facto relationship, the Court will look at a range of circumstances of the relationship. These include the duration of the relationship, any children shared by the couple, ownership of property, and living and financial arrangements.
What are the rights of de facto partners?
In de facto relationships, the rights of de facto partners have traditionally been more limited than married couples, up until 2009.
If you are a de facto who separated after 1 March 2009, you can apply for property settlement or spousal maintenance under the Family Law Act. However, you must file for an application in the court within two years of the date of separation.
Our lawyers will be able to advise whether you are entitled to savings, real estate, investments, business assets, personal property such as cars and superannuation.
When can a property settlement order be made for a de facto relationship?
A de facto property settlement order can be made if:
- the de facto relationship has been registered
- you have lived together for at least 2 years
- you have had a child together
- you have made substantial contributions and there would be an injustice if no property settlement was made.
If you are unsure whether you are in a de facto relationship, speak to a family lawyer at Cairns Divorce Lawyers today.
What happens to pets during a separation?
Whilst animals are not regarded as assets (unless they are highly valued racehorses or similar), there can be times when one person in the relationship has contributed more financially to the welfare of the animal. In circumstances such as these, a settlement could be adjusted.
The care for animals such as cats and dogs who were jointly part of the de facto arrangement prior to the breakup are usually settled outside of court. There are exceptions such as when domestic violence has been a factor in the separation.
Arrangements can be formalised via a consent order but, the relationship of the animal, lifestyle, who purchased the pet, who registered it and who the main caregiver is, should also be discussed.
If you have concerns about pet ownership after separation, our team of legal experts can assist
Does a de facto relationship affect child support?
Under Australian Family Law, all parents have the same responsibilities to contribute to the financial support of children. Whether you are married, in a de facto relationship, or were never in a relationship, both parents have shared responsibility for any children.
Do short-term relationships count as de facto?
Possibly. Courts look at the whole relationship – length, living arrangements, financial dependence, and shared children. Our de facto lawyers assess your situation and advise whether you should act.
Can I fix a property split quickly if we both agree?
Yes. You can enter a Binding Financial Agreement or apply for Consent Orders. A de facto property settlement Cairns lawyer can draft documents that are legally binding and minimise future disputes.
What happens to jointly-owned businesses after separation?
Businesses are treated as assets and require valuation. Our de facto property settlement lawyers work with valuers and accountants to protect your interest and propose fairDivision options.
Are my partner’s debts included in the property pool?
Debts are part of the financial pool too. A de facto separation lawyer will map liabilities alongside assets so you don’t inherit unexpected obligations.
How do child arrangements affect property talks?
Parenting needs can influence future financial requirements. Our lawyers are able to make sure custody plans and financial settlements reflect children’s best interests.
My ex moved out – does that affect the date of separation?
Living apart can be evidence of separation but isn’t decisive alone. Factors like intention to separate and conduct matter. De facto lawyers in Cairns can help document the right separation date for legal purposes.
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