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De Facto Property Settlement
The first question you may have is, "How long do I have to have been in a de facto relationship to make a claim for property settlement?" The answer is that, under de facto law in Queensland, once you have lived in a de facto relationship for two years or more, you are entitled to make a claim for property settlement
Even if you haven't been in a de facto relationship for two years, you can still make a property settlement claim against your former partner, if:
- You have a child together who is under 18.
- You have made a substantial contribution to the property or family.
It is generally in your interests to obtain legal advice and sort out property settlement as soon after separation as possible. This is because the longer you leave it, the harder it can be to work out what you are each entitled to.
When discussing a settlement with your former partner you need to identify what your assets and liabilities are and how they can be shared between you in a way that is fair, taking into account your personal circumstances.
The aim, if at all possible, is to negotiate a division of your assets and liabilities and avoid a drawn out dispute through the Courts.
Keep in mind that if you are unable to reach a negotiated settlement, you have a two year time limit from the date of separation to ask the Court to decide how your property is to be divided.
If you would like to make an appointment so that we can give you an assessment of the likely division of your property, please call us on 1300 368 258 or click here
