For gay and heterosexual couples separating after 1 March 2009 property entitlements are dealt with in the Federal Magistrate’s Court or Family Court under the Family Law Act for most Queensland partners.
If you separated before this date a member of our family law team can advise you on whether you have a property settlement claim under the Queensland Property Law Act.
You should consult a lawyer if you have a financial dispute arising out of a relationship but think you may not qualify as a de facto couple because you have not lived together for 2 years or if you had a child but did not live together.
Parenting/children’s matters are dealt with under the Family Law Act regardless of when you separated and generally you must go to mediation before you commence any court action about children unless you fall within the exceptions.
If you reach agreement on property or parenting matters we can help formalise that agreement for you with the appropriate form of documentation, usually consent orders or a Binding Financial Agreement.
What rights do I have as a De Facto?
De facto property rights are now dealt with in the same Court as married couples and the same law is applied. Its possible to make an application for property settlement if partners have lived together for 2 years. If they have had a child together of a partner has made a significant contribution which would result in an injustice if it were not recognised there is no 2 year requirement. In most States and Territories and certainly in Queensland this now this includes same sex couples.
De facto couples are able to enter into Cohabitation Agreements to protect their assets just the same as married couples. They can do this either before they start living together or afterwards.
There’s a time limit of 2 years after separation for you to bring an application for property settlement for de facto couples.
It’s important to make sure you apply within time because otherwise you have to apply for special leave to proceed out of time and that can be not only expensive, but may not have a successful outcome as you need, to prove hardship.
If you require assistance with this area of the law, contact Brisbane family lawyers, Hall Payne.