De Facto Separation Lawyers Melbourne 

You do not need to have been married to have legal rights when a relationship ends. Under Australian family law, de facto separation carries the same rights to property settlement, spousal maintenance, and parenting arrangements as divorce. The rules, time limits, and eligibility thresholds that apply are different, and early legal advice ensures you understand your position and options clearly.

Is This the Right Service for You? 

You may need de facto separation advice if: 

• You have separated from a partner you lived with and want to understand your financial and property rights 

• You are unsure whether your relationship qualifies as a de facto relationship under Australian law 

• You are approaching the two-year time limit to apply for a property settlement 

• You and your former partner cannot agree on how to divide property, finances or superannuation 

• You have children together and need to formalise parenting arrangements after separation 

• Your former partner is claiming a share of your assets and you want to understand your exposure 

• You want to protect your financial position before or during a de facto relationship 

Our De Facto Separation Services 

De facto relationship advice: We advise on whether your relationship qualifies under the Family Law Act 1975 and what rights and obligations flow from that, before you take any formal steps. 

Property settlement: We act for you in negotiating and formalising the division of assets, liabilities and financial resources after de facto separation, by agreement or through the courts. 

Consent orders: We prepare and file consent orders that make your agreed property and financial settlement legally binding and enforceable through the Federal Circuit and Family Court of Australia. 

Parenting arrangements: We assist separating de facto couples in reaching, documenting and formalising parenting arrangements for their children, including consent orders and parenting plans. 

Binding financial agreements: We draft financial agreements for de facto couples before, during or after the relationship to define how property and finances will be handled if the relationship ends. 

Superannuation splitting: We advise on splitting superannuation interests as part of a de facto property settlement, and ensure any splitting arrangement meets the current legal requirements. 

What to Expect When You Work With Us 

Step 1: Tell us your situation.  

You speak with one of our lawyers about your relationship, your separation, and your assets. We give you an honest assessment of whether your relationship qualifies under the Family Law Act 1975, what you are entitled to, and what the risks are. 

Step 2: We identify the right approach.  

Depending on your circumstances, that may mean negotiating a property settlement, preparing consent orders, applying for parenting orders, or drafting a financial agreement. We explain each option, its likely outcome, and its cost before you commit. 

Step 3: We act on your behalf.  

We prepare your financial disclosure, negotiate with the other party or their lawyer, and represent you in any proceedings required. Most de facto property matters resolve by agreement. Where they do not, we are ready to act in court. 

Step 4: You have a clear, enforceable outcome.  

Once your settlement or orders are in place, both parties know exactly where they stand. We advise you on implementing the outcome, including property transfers, superannuation notices, and any refinancing required. 

Why Choose Family Lawyer AU for De Facto Separation? 

No Hidden Fees

You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for. 

Nationwide Services

We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video.

Personalised and Strategic Advice

Every de facto relationship is different. The length of your relationship, the assets involved, the contributions each party made, and whether children are involved all affect your position. We give you advice built around your specific circumstances, not a generic answer. 

Costs and Timeframes 

The cost of de facto separation advice depends on whether your matter resolves by agreement or requires court proceedings. Preparing and filing consent orders for an agreed settlement typically involves legal fees starting from $2,000 to $4,000, plus the court filing fee. Contested proceedings vary significantly based on complexity and how far the matter proceeds. 

Most agreed settlements take six to sixteen weeks from first instruction to finalised orders, depending on how quickly both parties provide financial disclosure and reach agreement. 

Time limits apply. You have two years from the date of separation to apply for a property settlement or spousal maintenance. Acting before that limit expires is essential since the court does not automatically grant permission to apply out of time. 

Call 1300 717 173 or book online to discuss your specific circumstances and get a clear cost estimate. 

Related Services 

Property and Financial Settlements — Dividing assets and liabilities after separation by agreement or through the courts. 

Children and Parenting — Parenting arrangements, consent orders and parenting order applications after separation. 

Spousal Maintenance — Ongoing financial support obligations between former de facto partners after separation. 

Prenuptial and Other Financial Agreements — Protecting your financial position before or during a de facto relationship. 

Asset Protection — Broader strategies for protecting your wealth before, during and after a relationship. 

Speak With a De Facto Separation Lawyer Today 

Your rights after a de facto separation are real, and so are the time limits that protect them. The earlier you get advice, the more options you have. 

We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video.

Call 1300 717 173 or book online. All enquiries are confidential.