De facto relationship lawyers, South Australia

What is a de facto relationship under Australian family law?

Under Australian family law, a de facto relationship exists where two people have lived together on a genuine domestic basis. However, the law does not rely on a single factor to determine whether a relationship is de facto. Instead, courts consider a range of circumstances, including the length of the relationship, financial arrangements, living arrangements, and the nature of the commitment between parties.

Because each relationship is different, de facto status is assessed case by case. Therefore, early advice can help clarify whether family law applies to your situation. As a result, clients are better positioned to understand their options and avoid unnecessary uncertainty.

You can explore our full range of family law services to understand how different issues may be addressed together.

De facto separation and its legal impact

When a de facto relationship ends, separation may trigger a range of legal and practical issues. For example, questions may arise about living arrangements, financial responsibilities, and parenting arrangements if children are involved.

Accordingly, separation should not be treated lightly. Although de facto partners are not married, family law may still apply. Therefore, understanding how separation affects your legal position is an important first step toward resolution.

Property settlement for de facto relationships

Property settlement is often one of the most significant issues following de facto separation. Importantly, de facto partners may be entitled to seek property settlement under family law, provided certain criteria are met.

However, time limits apply. Therefore, obtaining legal advice early is critical to ensure your rights are protected. Moreover, understanding what assets form part of the property pool — including real estate, superannuation, savings, and debts — helps reduce disputes and delays later in the process.

Parenting arrangements in de facto relationships

Where children are involved, parenting arrangements are assessed in the same way regardless of whether parents were married or in a de facto relationship. Importantly, family law focuses on the best interests of the child.

We assist clients in understanding parenting responsibilities, decision-making arrangements, and practical considerations following de facto separation. Furthermore, we guide clients through communication strategies and dispute resolution processes where appropriate. Consequently, many families are able to establish clearer arrangements without unnecessary conflict.

Financial support and spousal maintenance

In some de facto relationships, spousal maintenance may become relevant following separation. For example, this may arise where one party is unable to meet reasonable living expenses and the other has capacity to assist.

However, spousal maintenance is not automatic. Therefore, understanding eligibility and obligations is essential. We provide clear advice on how spousal maintenance may apply in de facto matters and how it interacts with property settlement and other financial considerations.

Time limits for de facto family law matters

Unlike married couples, de facto partners face strict time limits after separation. Consequently, delaying legal advice can have serious consequences.

Therefore, we emphasise early guidance. By understanding deadlines and procedural requirements, clients reduce the risk of losing access to family law remedies. As a result, matters can be addressed more effectively and with greater confidence.

Resolving de facto relationship disputes

Many de facto family law matters resolve through negotiation or dispute resolution. Where appropriate, mediation and structured discussions can help reduce conflict and achieve workable outcomes.

However, disputes do arise. Accordingly, we provide guidance on available options and next steps. Whether through negotiation or formal proceedings, our focus remains on clarity, proportionate outcomes, and practical resolution.

How Awkar & Co assists with de facto relationship matters

We assist clients with a wide range of de facto family law issues, including:

• Advice on de facto relationship status

• De facto separation guidance

• Property settlement and financial matters

• Parenting arrangements and child-focused issues

• Spousal maintenance considerations

• Dispute resolution and negotiation

Because family law is our only focus, our advice reflects both legal requirements and real-world realities. Importantly, we tailor guidance to each client’s circumstances rather than applying assumptions.

A personalised approach to de facto family law matters

At Awkar & Co, de facto relationship matters are handled by a small, dedicated team. Consequently, clients benefit from continuity, accessibility, and clear communication throughout the process.

Based in Norwood, we assist clients across South Australia and offer remote consultations where appropriate. Ultimately, our goal is to help you move forward with certainty, structure, and confidence.

Speak with a de facto relationship lawyer in Norwood

If you need advice about a de facto relationship or separation, contact Awkar & Co to request a confidential appointment. We will help you understand your options and identify appropriate next steps.

Phone: (08) 8263 2444
Email: office@awkarco.com.au