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We were in a de-facto relationship and have now separated. We can agree about a property settlement. Do we need to go to court?

My partner and I ended our 3-year de-facto relationship amicably and we decided it was best if we agreed on how to divide our property and are happy with the proposed distribution. Do we still need to go to court?
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 can agree then there is no need to go to court whether you were in a de-facto relationship or if you were married.
    • The court encourages people to try to agree.
  • Even if you can agree you may still want to get some legal advice to make sure your rights are protected.
  • You may also like to find out more about presenting your agreement to the court as ‘consent orders’ or preparing a ‘Binding Financial Agreement’.
    • A lawyer is the best person to explain the pros and cons of each option. 

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