After Breakdown of a De Facto Relationship in Sydney

After Breakdown of a De Facto Relationship

If you are facing the breakdown of a de facto relationship in Sydney, CM Lawyers is here to offer expert legal support and guidance. Ending a relationship can be one of the most difficult life events, and when it involves complex issues such as property division, spousal maintenance, or children’s custody, it becomes even more challenging.

Our team of experienced family law lawyers in Sydney specializes in providing advice and legal representation for individuals navigating the aftermath of a de facto relationship breakdown. Whether you're separating from your partner or facing disputes related to finances, property, or children, CM Lawyers can guide you through the legal complexities to achieve the best possible outcome.

As part of this process, we can also assist with matters relating to a Binding Financial Agreement of a de facto relationship. If you already have an agreement in place, we can help you understand and enforce its terms. If not, we can advise whether creating one after separation would help formalize your financial arrangements and avoid future disputes.

Understanding the Breakdown of a De Facto Relationship

The breakdown of a de facto relationship can lead to various legal challenges, particularly around financial arrangements and child custody. Under Australian family law, individuals in de facto relationships have similar rights to those who are married, which means that the process of separation or dissolution of the relationship is governed by the same legal principles.

However, even though the rights are similar, the de facto separation process can be complicated, especially when it comes to determining how assets, debts, and liabilities should be divided. If there are children involved, determining custody and child support becomes equally important.

It is crucial to understand that the breakdown of a de facto relationship is legally treated in a similar manner to the breakdown of a marriage, and you have a limited time frame in which to resolve issues such as property settlement and spousal maintenance.

Why Choose CM Lawyers for Legal Assistance After a De Facto Relationship Breakdown?

At CM Lawyers, we have a dedicated team of family law experts with years of experience handling all aspects of de facto relationship breakdowns. We provide you with clear legal advice and offer services that cover:

Property settlement and division of assets

Spousal maintenance claims and disputes

Parenting arrangements and child custody

De facto separation disputes

Enforcing or challenging court orders

Here’s why CM Lawyers is the trusted choice for individuals facing a de facto relationship breakdown in Sydney:

Expert Family Law Knowledge: Our team specializes in family law and de facto relationships, and we keep up to date with all legal reforms and changes in legislation to ensure you receive the best legal advice.
Personalized Legal Solutions: We understand that no two relationships are the same, and we offer customized solutions for your unique circumstances.
Compassionate Support: Going through the breakdown of a de facto relationship can be emotionally challenging. Our lawyers offer compassionate legal support and are committed to guiding you through this difficult time with care and professionalism.
Effective Representation: Whether you need assistance with property settlement or parenting arrangements, we represent your interests effectively to achieve the best possible outcome.

You may be interested in: What legally qualifies as a Defacto Relationship?

Legal Considerations After the Breakdown of a De Facto Relationship

The breakdown of a de facto relationship can trigger a series of legal processes, especially when it comes to finances, property, and children. At CM Lawyers, we guide you through the key legal considerations and help you achieve fair and equitable outcomes:

Property Settlement After a De Facto Separation: Property division is often one of the most contentious issues following a de facto relationship breakdown. Under Australian family law, de facto couples have similar rights to married couples when it comes to dividing their assets. However, determining what constitutes a fair division of assets and liabilities can be complex. At CM Lawyers, we assist with:
1. Valuation of assets: Determining the value of property, business interests, superannuation, and investments.
2. Fair property division: Ensuring the division of property reflects each party’s contribution to the relationship, including non-financial contributions like homemaking and childcare.
3. Debt division: Ensuring that debts incurred during the relationship are distributed fairly.
4. Superannuation division: Helping you understand how superannuation is treated in a de facto relationship breakdown and ensuring it’s divided equitably.
Spousal Maintenance After De Facto Separation: Spousal maintenance may be necessary if one partner is financially dependent on the other following the separation of a de facto relationship. A claim for spousal maintenance may be required to ensure that the financially disadvantaged partner is supported. CM Lawyers provides expert advice on:
1. Eligibility for spousal maintenance: Determining whether you are entitled to financial support after the breakdown of your de facto relationship.
2. Determining the amount of spousal maintenance: We help calculate an appropriate amount of maintenance based on your financial needs and the other party’s ability to pay.
3. Challenging a spousal maintenance claim: If you are the paying party, we help protect your financial interests and challenge claims that may be excessive or unjustified.
Parenting Arrangements and Child Custody After Separation: If you have children, the breakdown of a de facto relationship may lead to disputes over parenting arrangements and child custody. It is vital to prioritize the well-being of the children, and CM Lawyers works with you to reach a solution that serves their best interests. We assist with:

1. Parenting orders: Legal orders that determine custody, visitation, and other parenting arrangements.
2. Child support: Helping you navigate child support claims and ensure that your children receive the financial support they need.
3. Family dispute resolution: Assisting in mediation or court proceedings when parties cannot agree on parenting arrangements.
4. Relocation matters: If one parent wishes to relocate with the children, we assist in resolving disputes related to relocation and relocation orders.

Legal Rights of De Facto Partners After Separation: After a de facto relationship breakdown, many individuals are unsure of their legal rights. CM Lawyers provides detailed advice on the rights of de facto partners, including:
1. Property and asset rights: Understanding your rights to the property accumulated during the relationship, including any entitlements to business assets and superannuation.
2. Children’s rights: Understanding the legal rights regarding custody and parenting arrangements post-separation.
3. Inheritance rights: If you were living in a de facto relationship and your partner passes away without a will, we can help determine your entitlements.

Time Limits and Legal Deadlines After a De Facto Relationship Breakdown

It is important to be aware of the time limits that apply after the breakdown of a de facto relationship. If you wish to apply to the court for property settlements or challenge spousal maintenance, you must do so within certain deadlines.

For property settlement: You have two years from the date of separation to apply for a property settlement in the Family Court. If you miss this deadline, you may need to apply for permission to make the application out of time.
For spousal maintenance: An application for spousal maintenance must be made within one year of separation, although extensions may be granted in certain circumstances.

At CM Lawyers, we ensure that all necessary applications are filed promptly, and deadlines are adhered to so that your rights are protected.

How CM Lawyers Can Help After the Breakdown of Your De Facto Relationship

After the breakdown of your de facto relationship, CM Lawyers is here to provide expert legal support. We help you navigate the legal aspects of separation and ensure that your rights and interests are protected. Whether you're dealing with property settlements, spousal maintenance, parenting arrangements, or challenging or enforcing court orders, our team offers comprehensive legal assistance every step of the way. Our services include:

Initial legal consultation: Discussing your legal rights and the steps you need to take.

Property and asset division: Negotiating a fair division of assets and liabilities.

Spousal maintenance applications: Helping you seek the financial support you deserve or defending against unjust claims.
Child custody and support: Ensuring that your children’s best interests are prioritized in any parenting arrangements.

Contact CM Lawyers for Assistance After the Breakdown of a De Facto Relationship

If you are experiencing the breakdown of a de facto relationship in Sydney, CM Lawyers is here to provide expert legal assistance. Our team of family law experts can guide you through the complexities of property settlements, spousal maintenance, child custody, and more.

Contact us today to schedule a confidential consultation and let us help you achieve the best possible legal outcome during this challenging time.

After Breakdown of a De Facto Relationship
in Sydney – CM Lawyers