“Quite frankly, families are spending far too much time and money in our courts. Those families, who because of delay become more entrenched, more vulnerable and more stressed while they remain in our court.”

De Facto Relationship Dispute Mediation helps separating partners resolve disagreements about property, finances, or parenting arrangements following the breakdown of their relationship. It is a confidential and voluntary process where a neutral mediator guides structured discussions to reduce conflict and support fair, practical agreements without the expense and stress of court proceedings. 

In Australia, de facto relationships are recognised by law. Such a relationship is defined as two people who are not married, aren’t related to each other, who choose to live with each other and have a relationship likened to what marriage would look like.  

If you reside in any state or territory in Australia (except WA), the applicable law governing your de facto relationship entitlements is the Family Law Act.  
Legal standing for such a relationship is activated following a two-year period of which the marriage-like relationship exists. This relationship can also be a same-sex relationship. 

What about property settlements for de facto couples? 

De Facto couples are given the same legal rights as married couples in respect to the division of property.  

What is the starting point to consider a property settlement? 

The first step is always to fully assess all assets, including superannuation and the liabilities of the couple. Depending upon the complexity of the assessment of the full financial position of the couple, accountants may be required. This is particularly the case if the couple owns a business or multiple properties or generally has complex structures that need to be teased out.  

What about other matters like parenting & children? 

The same rules apply as they do to married couples who have separated. At the outset, it does not matter whether the child or children are born within or outside of the de facto relationship. All children have the same standing under the Family Law Act. More specifically, pursuant to Australian law, a child is considered to be the child of a person who has, or had, a de facto partner if the child is a child of both that person and the person’s de facto partner; or the child is adopted by the person and the person’s de facto partner or by either of them with the consent of the other, or the child is a child of both that person and the person’s de facto partner born as a result of artificial conception or under surrogacy arrangements. 

Accordingly, your objective in relation to your child or children is to negotiate and agree on what is in the best interests of the child. In this context, reaching an agreement with your ex-partner and having that agreement authorized by the Court and in turn, becoming what we call a Consent Order should be your number one goal. This will ensure, that in the event of any contravention of that order, you’re able to return to Court for their intervention. Our Nationally Accredited Mediators will work with you and your ex-partner to reach an agreement that you’re both happy with.