De Facto Lawyers Melbourne
Clear, compassionate legal guidance for modern relationships
Home - Legal Services - Family Law - De-Facto and Same-Sex Relationships
At MST Lawyers, we are committed to providing specialised legal support for de-facto LGBTIQA+ and same-sex relationships.
De facto lawyers at MST Lawyers advise on separation, property settlements, and parenting matters for de facto and same-sex couples in Melbourne and across Victoria. Under the Family Law Act 1975 (Cth), de facto couples who have cohabited for at least 2 years have the same legal rights as married couples, including the right to apply for property orders and spousal maintenance.
Our family lawyers are based in Mount Waverley and advise clients from across Melbourne, including the inner east, south east, and Melbourne CBD.
Our Services for De Facto and LGBTIQA+ & Same-Sex Relationships
We offer expert assistance across a range of areas:
Understanding Your Relationship Status
De facto relationships — including same-sex partnerships — are recognised under Australian law. However, there may be times when the nature of your relationship is disputed.
We help determine whether your relationship meets the legal threshold of a “genuine domestic relationship” by looking at:
- Duration and cohabitation
- Shared finances and household responsibilities
- Emotional commitment and public recognition
- Children and parental responsibilities
If necessary, we can assist in seeking a Family Court declaration to confirm your relationship status. This can be critical when negotiating property, financial, or parenting matters.
What are your property rights after de facto separation?
De facto couples are entitled to apply for a property settlement under Part VIIIAB of the Family Law Act 1975 (Cth). The court considers both financial and non-financial contributions, as well as future needs, when dividing assets, superannuation, and liabilities.
You may be entitled to a share of property, superannuation, or financial support after separation. Our lawyers can help you:
- Identify and value assets and liabilities (including businesses or trusts)
- Manage complex financial structures or contributions
- Apply for spousal maintenance where appropriate
- Negotiate or formalise agreements through consent orders or litigation
Important: de facto couples must apply for property orders within 2 years of separation. After this deadline, court permission is required to proceed — and that permission is not guaranteed. If there’s uncertainty about the date of separation, it’s essential to get advice early.
What is a Binding Financial Agreement (BFA) for de facto couples?
We prepare and review Binding Financial Agreements (BFAs) to protect your financial interests during or after a relationship. These are especially valuable for:
- Couples entering or already in a de facto relationship
- Same-sex couples with personal or inherited assets
- Anyone wishing to avoid future disputes or litigation
BFAs can clarify how property and maintenance will be handled if the relationship ends, providing peace of mind for both partners.
How does parenting work for same-sex and de facto couples?
Parenting can be more legally complex for same-sex and de facto couples, particularly where children are conceived through assisted reproduction or surrogacy.
We can assist with:
- Parenting arrangements (living, contact, decision-making)
- Establishing legal parentage, including non-biological parents
- Surrogacy and parentage transfer applications
- Donor agreements and their legal implications
- Protecting the child’s best interests and ensuring both parents are legally recognised
Every family is unique. We’re here to make sure the law supports and reflects yours.
What if family violence is involved in a de facto separation?
Family violence can affect people in any relationship — and LGBTIQA+ individuals may face unique barriers to seeking help.
We offer discreet, respectful support if you need:
- Legal advice about family violence in a de facto or same-sex relationship
- Representation in applying for or responding to Family Violence Intervention Orders
- Urgent action to protect your safety or that of your children
Meet the lawyers dedicated to your success
The Family Law Legal Team
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Serving both individuals and businesses
Our clients span industries, backgrounds, and needs, each relying on MST Lawyers for dedicated, effective legal support.
Seeking specialised legal advice?
Trust MST Lawyers for legal advice and support tailored to the needs of de-facto and same-sex relationships. Contact us today using our contact form or please contact our office on (03) 8540 0200.
FAQS about same sex and de facto relationship law
Frequently Asked Questions
Do same-sex and de facto couples have the same legal rights as married couples?
Yes. Under the Family Law Act, de facto and same-sex couples are treated the same as married couples for property, financial, and parenting matters.
What if I’m not the biological parent of my child?
You may still be recognised as a legal parent depending on your involvement, relationship history, and method of conception. We can help clarify and protect your rights.
Can I apply for spousal maintenance after a de facto or same-sex relationship ends?
Yes, if you meet the eligibility criteria and the relationship meets the legal definition. We can help assess your position and prepare your application.
What is a Binding Financial Agreement and do we need one?
It’s a private contract that sets out how property or spousal maintenance will be handled if you separate. These are especially useful for asset protection and avoiding future conflict
Is there a time limit for making financial claims?
Yes — you must apply within two years of separation. If you miss this window, you may need special permission from the court.
How long do you need to be in a de facto relationship to have legal rights in Australia?
Under the Family Law Act 1975 (Cth), a de facto relationship generally requires at least 2 years of cohabitation to access property and financial orders. Exceptions apply where there is a child of the relationship, or where one party made substantial contributions. The date of separation is critical, as it starts your 2-year application window.
Worried about lawyer fees?Now there is a smarter & more flexible way to fund your family law matter.We understand that when you’re navigating a separation or relationship property matter, the financial strain can sometimes stand in the way of getting the legal support you need. That’s why we’ve partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or relationship property proceedings. You don’t have to repay the loan until you reach a settlement, which we hope reduces the stress associated with paying costs upfront. Contact us for more information, or visit JustFund.com.au |
Expert family law services that support you through separation, parenting, and legal processes with clarity, compassion, and compliance.