Canberra De Facto Separation Lawyers
ACT & NSW
Canberra’s leading de facto separation lawyers
Nicholls Anzani are leading family lawyers with our head office based in Canberra, ACT. Our highly experienced team supports individuals and families across Canberra & New South Wales, Australia-wide and internationally.
Our role is to guide you through the process in a manner that you fulsomely understand and achieve superior outcomes that lead to a positive and timely resolution. Our team will meet with you to learn about your particular circumstances and provide tailored advice on your next steps, advising and supporting you to achieve superior outcomes and resolution.
Whether you are seeking information for yourself or a family member, our experienced family law team provide advice and clarity about:
Expect practical insights, expert advice and attention to detail.
De facto break up entitlements & obligations
To determine whether either party to the relationship has any entitlements or obligations is to confirm whether the relationship is legally recognised as a de facto relationship in Australia.
Financial separation & de facto property settlements
When a couple separates in Australia, learning how to effectively manage the process is key to minimising additional time, stress and costs.
Take steps to get early legal advice about your obligations or entitlements, specific to your circumstances, early.
We provide pre-separation and post-separation insights and advice into the management of practical and financial considerations including:
- Payment of expenses – mortgages, bills, school fees etc upon separation
- Short term &/or long-term de facto spousal (financial) maintenance
- Child support
- Division of assets
Our lawyers have particular expertise in the following areas:
- Complex corporate and trust structures;
- International businesses and corporate interests overseas;
- High net worth individuals and those with a public profile;
- Valuation issues;
- Hidden assets both domestically and internationally;
- Wastage of assets, and depletion of assets;
- Taxation issues;
- Farming and rural properties, including livestock, crops and water allocation entitlements;
- Superannuation splitting;
- Defined Benefit Superannuation Funds;
- Self-managed Super Funds;
- Third party interests and intervenors in proceedings;
- Bankruptcy and Insolvency; and
- Property orders, in contested court proceedings and by consent.
We can also provide advice in relation to your living arrangements, considerations in relation to business interests, investments or inheritances and practice guidance on what you need to act on first.
De facto separation with a child
Whether you are already separated from your partner or not, we provide advice and support on how to effectively:
- Share the news of your separation with your children
- Minimise the impact on your child/ren
- Protect you/your children if you have safety concerns
- Determine a parenting plan/parenting agreement for the care of any children you share
Our lawyers have particular expertise in the following areas:
- Custody arrangements
- The allocation of decision-making responsibility between parents;
- Advising on alienation or alignment of children with a parent;
- Family violence and safety issues
- Assisting in the recovery of children, where they have been abducted or taken without consent of the other parent;
- Advising on domestic and international relocation;
- Change of a child’s residence;
- Complex mental health issues;
- International child abduction and Hague Convention matters;
- Parentage disputes;
- Children’s views and wishes;
- Parenting orders, in contested in Court proceedings or by consent;
- Negotiating parenting plans; and
- Assisting grandparents and other people concerned with the care, welfare and development of a child.
De facto prenup / financial agreement
While prenup is a common term used to describe prenuptial financial agreements, a de facto prenup is in fact the same as a financial agreement. It outlines how property and assets will be divided in the event of any future separation.
Financial agreements can be drafted for people in de facto relationships at three different stages of the relationship:
- Prior to living together
- While living together
- Post-separation
We assist individuals and parents of families who are interested in asset protection, especially where there is generational wealth or family assets they wish to keep in the family.
De facto dispute resolution
Where a de facto couple is unable to come to an agreement about their property division or parenting arrangements, there is an obligation to participate in opportunities to resolve the issues in dispute.
We explain the options available to you and can provide advice and representation in negotiation, mediation, arbitration, alternative dispute resolution and Court representation.
Are we considered de facto if we don’t live together 100% of the time?
It is possible that a couple who does not live together full time would be legally classified as a de facto relationship. If there is evidence that your life has been shared and that you had lived together on a genuine domestic basis, despite significant travel for work or leisure, it is likely your relationship may be considered a de facto relationship.
Want more clarity? Read this article that provides more detail.
What if the property we’ve lived in is only in one name?
Unless your money management and finances have been kept strictly separate throughout the relationship, it is likely that the property will be considered an asset that forms part of the property pool for division. The property settlement process must take into account all of the financial and non-financial contributions of both parties to the relationship.
Importantly, avoid making an agreement without seeking family law advice prior. If the agreement is not formalised with the Family Court then there is always a chance that, after you believed it all to be settled, your former partner changes their mind and the process needs to start over again.
To learn what a financial settlement will look like for you, seek advice from a highly experienced family lawyer early. There are important time restraints to be aware of as well so do not delay as this process takes time to negotiate and finalise.
Can I move away with my child from a de facto relationship?
Moving with a child from a de facto relationship should be done with caution. It is not uncommon for Courts to order a parent to return with the child after relocating.
If we’re amicable, do we need to see a de facto separation lawyer?
If you are currently amicable that is a great start. To stay amicable, it is important to seek legal advice before agreeing to specific financial or parenting matters. Why? Because amicable relationships turn poorly when someone goes back on their word because they realise later on (with or without legal advice and insights) that what they have agreed to may be problematic in some way.
While you may wish to “keep the lawyers out of it” and not end up in Court, making decisions with the insights of a lawyer who is committed to helping you keep things amicable will help keep you on that amicable path.
When is the right time to see a de facto separation lawyer?
There are various points in a de facto relationship timeline where legal advice can be sought:
- Before moving in together
- While living together
- While considering the end of the relationship
- After the relationship has ended
It is very common for people to make decisions and agreements before seeing a lawyer which often creates unforeseen issues. Seeing a lawyer early is always best and is often what saves people from the more catastrophic outcomes we’ve all heard about when relationships end. One consultation may be all you require to get clarity about what to know, consider or take action on.
How to protect assets from de facto relationships
Just as in marriages in Australia, it is possible to protect assets with a Binding Financial Agreement. These can be put in place before a relationship becomes legally classified as a de facto relationship, during the relationship or upon the end of the relationship.
Make contact with our team to discuss your asset protection goals or read this article about how to protect your assets from your partner or future relationships.
What our clients say
De facto separation lawyers ACT & NSW
As you are well aware, you have significant decisions ahead of you.
The best outcomes can only be achieved when you source accurate and expert advice based on your circumstances, specific to you, your children, your assets and goals.
Our approach is with sensitivity and discretion.
