The Family Court of Australia and the Federal Circuit Court of Australia have power under the Family Law Act (1975) to deal with the property and financial resources of parties to a de facto relationship and to make orders regarding their maintenance and arrangements concerning their children.
The legislation includes same sex couples and provides the same rights and entitlements to de facto and same sex couples as it does to married couples.
It is important to understand that an application for property settlement must be made to the Court within 2 years of the date of separation.
In some circumstances, the relevant legislation in relation to the division of the assets held by separated parties in South Australia is the Domestic Partners Property Act (1996). These property matters are heard by either the Supreme Court or the District Court of South Australia. We have experienced solicitors who are able to provide expert guidance and ensure our clients are properly represented in such matters.
We are well placed overall to provide advice in relation to both non-complex and complex property matters, maintenance and children’s ongoing arrangements including their care arrangements, schooling and child support.
Our aim is to achieve a negotiated resolution of all matters where possible and to provide our clients with a thoughtful and sensible approach to achieving a successful outcome.