3 Questions You Might Have Asked About De Facto Property Settlement

Nowadays, relationships come in different shapes and sizes. If you have been living together as a couple, with or without children, then most likely this can be considered as a de facto union. Still depending upon what constitutes in the Family Law, duration, extent of common residence, and financial status are just some of the indications that you are in one. Furthermore, you may not live together most of the time, but if there is a mix in contributions to the estate then still that is de facto.

Which is why when it comes to separation, you can still make a claim for a de facto property settlement. If you want to safeguard your assets when your relationship ends, then property solicitors can provide you legal advice, ensuring that your rights are protected.


de facto property settlement


To know more about this matter, you may refer to these commonly asked questions. Probably, you have the same in mind.

How much time do I have to file for an application?

When filing for a property settlement through a legal contract or through the Family or Federal Circuit Court, make sure that you are still within the stipulated time period as suggested.

For married couples, the application is supposed to be submitted within 12 months from the date of divorce. However, the time limit is doubled for de facto relationships. Within 2 years from the date of separation, you may still submit an application for a de facto property settlement.

What if I failed to apply on time?

If for instance, you were not able to do this within the said time limit, you need consent from your former partner addressing on this matter. On the other hand, with a Brisbane lawyer property settlement can also be appealed in a Family Court.

When making a petition, you have to state the factors which have made you decide in pursuing to file such a claim and why you have failed to do this in time. Legal experts will help you with finding ways to make an appeal in court, so you can get permission to claim for a settlement.

What happens when I don’t even remember when we both separated?

Since most couples in a de facto relationship will still choose to live together, maybe for convenience or for their children, the date of separation is often overlooked. Which is why in Brisbane property settlement agreement is made possible for couples who have forgotten their separation date through identifying events based on the Family Law Act.

Law specialists will provide legal advice to help determine the events that may probably state when the couple has separated. Through this method, the Court will have a basis when it comes to the legal proceedings.

De facto property settlement may be a whole lot of trouble when you come to think of it. In fact, you will have to face hours of court hearings and hand over pieces of evidence such as documents on assets and contributions. Going through this alone will surely stress you out. But with Family Law specialists like McPhee Lawyers, you will have legal assistance that can help you carry the load until the final decision is heard.