Family Lawyers Sydney
While de facto couples have the same rights as married couples, the processes for ending a marriage and a de facto relationship are a little different. The rules are the same for same-sex and heterosexual relationships whether they are marriages or de-facto.
To apply for a divorce you have to have been separated from your partner for at least 12 months. However, it is generally a good idea to seek legal advice or to take legal action prior to this period. Its often a good idea to speak to someone who knows how the process works, what you or your spouse need to do, and what the likely outcome will be.
There are several legal processes that can occur separately to the divorce, and we can help you figure out what services you will need depending on your circumstances. Some of the processes that you might need to consider are:
the division of property
spousal maintenance where one (former) partner provides ongoing financial support for the other
parenting and child support arrangements if children are involved
While de facto couples dont necessarily need to make any formal legal applications to declare their relationship finished, they are still entitled to the same rights as married couples as far as property, spousal maintenance, parenting arrangements and child support are concerned.’