During a De Facto Relationship in Sydney

Being in a de facto relationship in Sydney comes with both legal rights and responsibilities. Whether you're in the early stages of your relationship or have been living together for years, understanding your legal rights is essential to ensuring a healthy, transparent, and secure partnership. At CM Lawyers, we offer expert legal advice and assistance for couples navigating various legal aspects of their de facto relationships.

From financial matters to the protection of assets, property, and future obligations, CM Lawyers is here to guide you through every step of your de facto relationship. We offer services tailored to your unique situation, ensuring that you are fully informed and protected under the law.

What is a De Facto Relationship?

A de facto relationship refers to a partnership where two people live together as a couple but are not married. Australian law affords similar legal protections to individuals in de facto relationships as it does to married couples, especially when it comes to matters like property division, spousal maintenance, and parenting arrangements.

For a de facto relationship to be recognized under Australian law, the couple must live together for at least two years. In addition, the courts will also consider the nature of the relationship, the level of financial interdependence, and shared domestic duties. If you’re in a de facto relationship, it’s important to understand how the law applies to you and how you can safeguard your financial interests during your relationship.

You may be interested in: What Legally Qualifies as a De Facto Relationship?

Why Legal Advice is Essential During a De Facto Relationship

While the excitement of building a life together may be the primary focus at the start, it’s also important to consider the legal implications of your de facto relationship. Understanding your rights and responsibilities can save you from future legal complications. At CM Lawyers, we provide expert legal advice and services for couples during their de facto relationships in the following key areas:

Property Rights and Protection: During a de facto relationship, you have legal rights regarding your property and assets. If you own a property or have significant assets, it’s essential to protect your financial interests.
Financial Contributions and Responsibilities: Discussing how you will manage finances, debts, and other financial responsibilities is crucial. Legal guidance ensures clarity on how your contributions are recorded and protected.
Spousal Maintenance and Financial Obligations: If one partner is financially dependent on the other, there are legal avenues to protect that partner’s rights for future financial support.
Ensuring a Fair and Equitable Property Division: Should the relationship come to an end, it’s important to have legal safeguards in place to ensure a fair property division.
Children and Parenting Arrangements: If children are involved, the de facto relationship also includes legal rights related to child custody, child support, and parenting arrangements.

How CM Lawyers Can Help You During Your De Facto Relationship

At CM Lawyers, we provide comprehensive services for individuals in de facto relationships. Whether you're seeking advice on how to manage shared property, financial contributions, or childcare matters, our team offers personalized, practical legal solutions. Here’s how we can help:

Property Rights and Protection in a De Facto Relationship: A common concern for those in de facto relationships is ensuring that their property and assets are protected. In Australia, de facto couples can apply for property settlements if the relationship breaks down, and courts divide property based on a fair assessment of contributions and needs. Legal advice during the relationship helps you understand:
1. How your property is classified under family law (joint property vs. separate property).
2. What happens to assets and debts if the relationship ends.
3. The legal protections for property you bring into the relationship, such as assets owned prior to the relationship.

If you are worried about the protection of your property or business interests during your de facto relationship, a Binding Financial Agreement (BFA) can be created to safeguard your assets. This agreement can be tailored to reflect your wishes, ensuring clarity if the relationship ends.

CM Lawyers BFA during De Facto relationship

Managing Financial Contributions and Responsibilities: During a de facto relationship, it’s vital to have clear agreements about financial responsibilities, including:
1. Splitting household expenses and managing joint finances.
2. Dividing debts and liabilities: What happens if one partner incurs debt during the relationship?
3. Contributions to assets: How do financial and non-financial contributions (such as homemaking and child-rearing) impact your property rights?

CM Lawyers can assist in setting up formal financial arrangements that clearly outline each partner's responsibilities and rights, reducing the risk of misunderstandings later on.

Spousal Maintenance and Financial Support During a Relationship: If one partner is financially dependent on the other during the de facto relationship, it’s important to consider how spousal maintenance might be handled. This involves determining the financial support that one partner may be entitled to from the other. Legal advice can help:
1. Clarify each partner’s financial obligations during the relationship.
2. Ensure that maintenance arrangements are clearly outlined in case of future changes in financial circumstances.
3. Help in creating a fair agreement on financial support that protects both parties.
De Facto Agreements for Asset Protection: While Binding Financial Agreements (BFAs) are often associated with pre-de facto relationships, you can also enter into one during your de facto relationship to protect your financial interests. This legal agreement ensures that assets, debts, and financial contributions are fairly divided, and it provides clarity should the relationship come to an end.

At CM Lawyers, we guide you through the process of creating a Binding Financial Agreement during your de facto relationship, ensuring that it reflects your goals and protects your interests.
Children and Parenting Arrangements: If children are involved, the legal aspects of your de facto relationship extend to parenting arrangements and child custody. At CM Lawyers, we offer expert advice on:
1. Parenting orders: Legal orders for where the children will live and how they will spend time with each parent.
2. Child support: Ensuring both parents meet their financial obligations for the children’s care.
3. Dispute resolution: Assisting in resolving disputes related to parenting, either through mediation or court proceedings.

Our team works to ensure that the best interests of the children are prioritized while protecting both parents’ rights in the de facto relationship.

Legal Benefits of Understanding Your Rights During a De Facto Relationship

Understanding your rights during a de facto relationship can provide numerous legal benefits:

Financial Security: Clear legal agreements regarding property, assets, and debts ensure that both partners’ financial interests are protected.
Legal Protection: Whether you are concerned about protecting your business or your inheritance, legal agreements and guidance ensure that your assets remain secure throughout the relationship.
Clear Rights and Responsibilities: Knowing your legal rights and responsibilities ensures that you make informed decisions about financial matters and parenting arrangements.
Avoiding Future Disputes: Addressing financial matters and establishing clear agreements early can help you avoid costly and lengthy legal disputes later on, especially if the relationship were to break down.

Why Choose CM Lawyers During Your De Facto Relationship?

At CM Lawyers, we understand the challenges that come with navigating de facto relationships. Our team of experienced family law professionals offers personalized services that cater to the unique needs of each couple. Here’s why we’re the right choice for individuals in de facto relationships:

Expert Advice: We provide clear, actionable legal advice tailored to your specific circumstances.

Asset Protection: Our team specializes in protecting your financial interests through legally binding agreements and fair property division.

Comprehensive Services: We offer services that cover all aspects of de facto relationships, from financial agreements to parenting arrangements.

Compassionate Approach: We understand the personal nature of family law and are committed to providing compassionate support through every step of your de facto relationship.

During a De Facto Relationship
in Sydney – CM Lawyers