Family Lawyers Perth | Divorce Lawyers | Family Law | Dimond Family Law


Legal Services

De Facto Relationships
in Perth

Experienced Family Law Firm Based in Perth.

Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time. 

About Dimond Family Lawyers

The leaders in Family Law matters in Perth.

Helping you achieve a successful plan.; settlement.; mediation.;outcome.

Our experienced team of lawyers is dedicated to providing comprehensive legal services to protect the rights and interests of de facto couples.

De facto relationships are becoming increasingly common in Western Australia, and we understand the unique legal issues that can arise in these relationships. Our team has the knowledge and experience to handle complex legal matters, including property settlements, financial agreements, and child custody disputes.


Renowned for our pragmatic and
timely resolutions, we give you
the confidence to move forward.

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    Before Separating.

    Our Legal Practice Director, Erryn Dimond, talks about aspects involving separation.

    Understanding De Facto Relationships

    Before engaging a lawyer to represent you it’s important to understand whether your relationship is considered De Facto or not. 

    According to the Family Court Act, a de facto relationship is a genuine domestic relationship between two people who are living together. De facto relationships can be between two people of the same sex or opposite sex. In order to determine whether a relationship is indeed de facto, the court considers several factors such as the duration of the relationship, whether there is a physical relationship, shared residence, care and support of children, public recognition of the relationship, financial dependence, property ownership and use, and mutual commitment to a shared life.

    There are time limits for making application to the Family Court for property settlement. You need to make application to the Family Court within two years from your date of separation. After this time, you must seek leave of the court to proceed (which is not always granted).

    In Western Australia, the Family Court will have jurisdiction to make a property settlement order after the breakdown of a de facto relationship if:

    • The de facto relationship was for at least two years; or
    • The de facto relationship was less than two years, but:
      • There is a child of the relationship under the age of 18 years and that if the court failed to make it would result in serious injustice to the person caring for the child; or
      • The applicant made a significant financial contribution during the relationship, and that if the court failed to make an order it would result in serious injustice.

    To successfully make an application for property settlement in the Family Court of Western Australia it is also necessary to satisfy the following requirements:

    • Either you or your ex-spouse is living in Western Australia on the day the application is made; and
    • That you and your ex-spouse lived in Western Australia for at least one-third of your relationship, or you have made substantial financial contributions in Western Australia.

    If you would like more advice on what you need to achieve a pain-free and amicable separation please call us for a free 15-minute consultation or send an enquiry using our online form. 

    Why Choose Dimond Family Lawyers?

    We believe that every client deserves personalised attention and tailored legal solutions. We work closely with each client to understand their specific needs and goals, and we provide practical advice and representation to help them achieve the best possible outcomes.

    Our legal services for de facto couples include:

    • Property Settlements: We can help you divide your assets and liabilities fairly, taking into account your contributions and future needs.

    • Financial Agreements: We can assist you in drafting and negotiating financial agreements to protect your assets and provide certainty for your future.

    • Child Custody Disputes: We can help you navigate the complexities of child custody disputes, including parenting plans and court proceedings.

    • Spousal Maintenance: We can assist you in obtaining or defending spousal maintenance claims to ensure that your financial needs are met after separation.

    At Dimond Family Lawyers, we are committed to providing transparent and affordable legal services to de facto couples in Perth. We offer flexible payment arrangements and fixed fees, so you can have peace of mind knowing exactly what your legal costs will be.

    If you are a de facto couple in need of legal advice or representation, contact us today to schedule a confidential consultation. Our team of experienced lawyers is here to help you navigate the complexities of de facto relationships and achieve the best possible outcomes.

    Meet Our Team

    Frequently Asked Questions.

    A de facto relationship is a relationship between two people who are not married, but who have a genuine and committed relationship living together on a genuine domestic basis.

    Yes, de facto relationships are recognised in Western Australia under the Family Court Act 1997 (WA).

    De Facto partners have the same legal rights as married couples, including the right to seek orders that relate to property settlement (including the transfer of superannuation), spousal maintenance, child support, or parenting orders.

    It is generally understood your relationship must have been enjoyed for at least two years to satisfy the definition of a de facto relationship.
    That being said, a relationship of fewer than two years can be considered to be de facto if there is a child in the relationship under the age of 18 years, or if one spouse has made substantial financial contributions during the relationship.

    If you have children together but are not married, you are still considered to be in a de facto relationship in Perth, WA, and have similar legal rights to married couples regarding children and property.

    Evidence that may help prove a de facto relationship includes shared finances, joint ownership of property, living together, shared responsibilities, and evidence of a physical relationship.

    Yes, de facto partners can adopt children together in Perth, WA. They are subject to the same laws and requirements as married couples.

    De facto couples have access to property settlement legislation in very similar (and in most cases the same) terms as married couples.

    Whilst you are not required to divide or adjust property at separation, it is often a wise decision to do so to protect your future financial independence.

    If you cannot agree on property division, you may apply to the Family Court of Western Australia for assistance with property settlement. The court will consider the same list of factors when determining a just and equitable division of assets, including:

    • The composition and values to be attached to the assets, liabilities and superannuation of the parties;
    • The non-financial and financial contributions made by each party at the commencement of the relationship, during the relationship and post-separation;
    • The relevant future needs of each party, including but not limited to the age, health, income, earning capacity, child caring responsibilities and child support payable between the parties.

    No, de facto partners cannot get divorced in Perth, WA, as divorce is only available to married couples. However, they can apply to the Family Court of Western Australia for property settlement and spousal maintenance if they separate.

    Call us on (08) 9443 1111