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If I am in de-facto relationship can I still get a property settlement when we separate?

My de-facto partner and I have decided to separate after 7 years. During the course of our relationship I looked after the household and our 2 children while my partner worked. I am concerned that after our separation I won’t be able to get a property settlement.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Separation & Divorce
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Bronte 2024 NSW

  • If you are in a de-facto relationship recognised by the law then you may be able to apply for a property settlement or spousal maintenance.
  • As with any issue after separation it is a good idea to see if you can come to an agreement without the need to go to court.
  • You may be able to come to agreement by yourselves or with the assistance of a mediator or a lawyer to negotiate on your behalf.
  • If this does not work then you may be able to apply to the court to make an order for property settlement or spousal maintenance.
  • These laws apply to de-facto relationships that ended or broke down after 1 March 2009.
  • It is a good idea to get legal advice if you live in Western Australia as the law is different there. 

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