(08) 6467 7179 office@rattigan.com.au

De Facto Lawyers Perth

Our Experienced De Facto Lawyers in Perth are Here to Guide You Through the Separation Process

de facto separation lawyers in perth when forever comes to an end

When considering the legal aspects of a de facto relationship, it is always advisable to seek the advice of a specialised family lawyer who has experience in de facto relationships and separation entitlements. The team at Rattigan & Associates are experienced de facto separation lawyers in Perth who can guide you through the whole legal process. 

De facto couples who have separated are entitled to be treated  the same as a married couple when it comes to property and financial matters. 

What is considered a De Facto Relationship?

The Interpretation Act defines a de facto relationship as a relationship between two people living together on a genuine domestic basis. To determine whether a relationship is truly de facto, a Court will look at a number of facts. These include: 

  • The duration of the relationship;
  • Whether a sexual relationship exists;
  • The existence of a common residence;
  • The care and support of children;
  • The reputation and public recognition of the relationship;
  • Financial dependence;
  • The ownership and use of property;
  • The degree of mutual commitment to a shared life.

In addition to this, the Family Court Act provides that a Court may only make property or maintenance orders in relation to a de facto couple in the following circumstances:

  • There has been a de facto relationship for at least two years; or
  • There is a child of the de facto relationship; or
  • A party has made substantial contributions and failure to make an order for property adjustment would result in serious injustice.

This criteria applies to couples in both opposite sex relationships and same sex relationships. If there are children involved in the legal aspects of a de facto relationship, the Family Court determines issues relating to the children and property of a de facto relationship.

De facto Relationships, Separation Entitlements & Property Settlement 

When it comes to the legalities of a de facto relationship in Perth, Western Australia, any property and financial resources fall within the definition of property under the Act. The law now provides that any person who is leaving a de-facto relationship can pursue a De facto Relationship Property Settlementin the same way that a married couple can. This is the law, regardless of when the property was acquired or by whom. All property, whether in individual or joint names, will be considered. 

The Court will consider the financial and non-financial contributions made by each party and divide the property in a manner that is just and equitable. Non-financial contributions, including domestic chores and contributions to the welfare of the family, are recognised by the Court when considering a division of property.

De facto Relationships & Spousal Maintenance

What is spousal maintenance? Spousal maintenance is the financial support which is paid by one partner to their former wife or husband, where they are unable to financially support themselves due to certain circumstances. De facto relationship maintenance is the financial support paid by one partner to their former de facto partner, where they are unable to adequately support themselves due to certain circumstances.

A claim for Spousal Maintenance can be made in certain circumstances by one or other party of the relationship. 

Rattigan & Associates can advise you on all aspects of your rights concerning Family Law and Property Matters if your de facto relationship has broken down. 

The Family Court here in Perth, WA, deal with both types of spousal maintenance applications and a claim for Spousal Maintenance can be made in certain circumstances by either party of the relationship.

As de facto relationships and family law is a complex process, it is always advisable to seek the advice of an experienced family lawyer. Align with our de facto separation lawyers today and work alongside them to achieve realistic and holistic solutions.

De facto Relationship Consent Orders

If you and your partner have agreed on the way in which you wish to divide your assets, then you may be able to apply for Consent Orders through the Family Court of Western Australia. Consent orders can also be made in respect to care arrangements for children or spousal maintenance.

The Court must be satisfied that proper arrangements have been made for the children and that the proposed property orders are just and equitable, before they will make any such orders.

We can assist you with drafting the necessary application and orders for filing in the Court and advise you of the law in respect to these arrangements.

Consent Orders have the same legal effect as making an order after a Court hearing, without actually having to go to Court.

Contact Us for A Free 10-Minute Consultation

If your relationship has broken down, our experienced de facto separation lawyers in Perth can advise you on all aspects of your rights concerning a de facto separation, including any de facto relationship separation entitlements. We give legal advice right here in our office or can provide alternative arrangements for appointments on appointments onMS Teams and Zoom,depending on your preference.

For a free initial 10-minute telephone consultation to find out how Rattigan & Associates can assist you, please contact us on (08) 6467 7179.

Contact our Perth office for more information or make an appointment with our leading team today.


Phone: (08) 6467 7179

Email: office@rattigan.com.au

Suite 3W, Plaza 817 Beeliar Drive, Cockburn Central

PO Box 3819 SUCCESS WA 6964

De Facto Lawyers Perth – Frequently Asked Questions

What are de facto relationship separation entitlements?

In Western Australia, de facto relationship separation entitlements refer to the legal rights and obligations that arise when a de facto couple decides to separate. These entitlements encompass aspects like property division, financial matters, and potentially, arrangements for children. 

How is a de facto relationship legally recognised?

In Western Australia, a de facto relationship is legally recognised if the couple has lived together on a genuine domestic basis and is not married or related by family. Factors such as duration of the relationship, financial interdependence, and commitment are considered in determining the legal recognition of a de facto relationship. 

Are de facto separation entitlements the same as those in a marriage?

While de facto separation entitlements share similarities with those in a marriage, they are governed by different legal frameworks in Western Australia. Both marriages and de facto relationships involve property division and potential arrangements for children, but nuances in laws may lead to differences in how entitlements are assessed and allocated. 

How can a de facto lawyer help with property settlement?

A de facto lawyer from Rattigan & Associates can provide valuable legal guidance during property settlement after a de facto relationship ends. We can help assess and advocate for a fair division of assets and liabilities based on the specific circumstances of the relationship and prevailing Western Australian laws. 

Can a de facto lawyer assist with child custody and support matters?

Yes, a skilled de facto lawyer at Rattigan & Associates can offer assistance with child custody and support matters. We can help negotiate and formalise parenting arrangements, ensuring the best interests of the child are prioritised while addressing legal requirements under Western Australian family law. 

When should I consult a de facto lawyer?

It’s advisable to consult a de facto lawyer when contemplating separation, experiencing relationship issues, or when you need legal advice about property division, child custody, or any other matters related to de facto relationships. Seeking professional guidance early can help you understand your rights and options under Western Australian law. 

Have questions? Get in touch with our team today!