What is De Facto Lawyers Australia’s process for property division?

August 3, 2023    Familylawyers
What is De Facto Lawyers Australia’s process for property division?

Amongst the various romantic connections exists a distinctive form of union known as a de facto relationship. This type of partnership is based on the unconventional, as it involves two individuals who choose to share their lives without the formalities of marriage. But sometimes relationships might not work out; such is the same for de facto relationships.

So in case of such disputes, a critical decision is to understand the various types of property division and the roles of Family Lawyers in Perth.

Various Approaches to Property Division in Defacto Relationships

With the end of a de facto relationship comes the important decision of dividing the property shared by the couple. This can be done by various methods of property division in such situations. Let us discuss these approaches in detail:

Informal Agreement:

In some cases, former de facto partners can work things out through an informal agreement. This means they discuss and decide how to divide their assets without involving external authorities or legal processes. While informal agreements are convenient, it’s important to understand that formal agreements or court orders may be more legally important.

Financial Agreement:

De facto partners can get into a financial agreement like the prenuptial agreements for married couples. These documents explain how the couple’s assets and debts will be divided if they separate. Both partners must seek unbiased legal advice and willingly agree without bias to ensure its validity.


Involving a neutral third party called a mediator, mediation helps former partners negotiate and resolve property division matters. The mediator helps in discussions, encouraging open communication while trying to reach a mutually agreeable outcome.

Mediation offers a less confrontational approach, helping the parties to maintain cordial relations and make more objective decisions.

Consent Orders:

If de facto partners agree on property division, they can apply for consent orders. These legal documents include the agreed-upon terms for the division of assets and liabilities, which are submitted to the Family Court for approval. Once approved, the consent orders become legal bonds, and both parties must follow the agreed terms.

Understanding the Roles of Lawyers in Property Division in Defacto Relationships

De facto relationships, where partners cohabit without formal marriage, find a lot of legal complications, particularly when dividing assets and properties. Let us understand the various roles of de facto property settlement lawyers in Perth as they guide through the property division process in de facto relationships.

Legal Advice and Guidance:

Lawyers provide legal advice and guidance throughout the property division process. Their expertise helps the de facto partners comprehend their rights and obligations within the laws and regulations. These legal professionals easily explain complex legal concepts so individuals can understand and make informed decisions.

Asset Assessment and Valuation:

Within property division cases, lawyers use their expertise to assess and value assets. Working closely with their clients, they create the list of properties possessed by the couple, which includes real estate, investments, financial accounts, vehicles, and personal belongings. To ensure accurate values, lawyers may collaborate with professionals such as appraisers or accountants, ensuring a fair distribution.

Negotiation and Mediation:

Lawyers play vital roles in negotiating for their clients during property division proceedings. They try to attain fair outcomes by talking with the opposing party or their legal representatives.

With their exceptional negotiation skills and strategic approaches, lawyers fight for their client’s interests, presenting documents that consider financial contributions, non-financial contributions, and future needs.

Drafting Financial Agreements:

In certain cases, lawyers help de facto partners draft financial agreements for property division. These agreements, also called “prenuptial agreements” or “cohabitation agreements,” outline the division of assets if the de facto relationship ends. Lawyers ensure such agreements meet legal requirements and protect their client’s interests.

Court Representation:

When disputes regarding property division cannot be resolved through negotiation or mediation, lawyers represent their clients during court proceedings. They skillfully present the cases, advocating for fair division based on legal principles and their contributions. Lawyers easily solve the complexities of the court by presenting relevant arguments and strong evidence to support their clients’ claims.

How to find lawyers for this process

Searching for lawyers can be difficult; this guide will help you with the steps needed to find legal rights for a De Facto Relationship lawyer who can effectively represent your interests.

Understanding Your Legal Needs:

You should first have a clear understanding of your legal requirements. Know about the specific area of law that relates to your case. Whether it’s personal injury, family law, or criminal defence, knowing your needs will help narrow down your search.

Using the Power of Recommendations:

Seek recommendations from friends, close relatives, and colleagues who have experienced similar legal processes. Inquire about their interactions with their lawyers and whether they would help them. These personal referrals offer valuable insights.

Exploring Online Resources:

Research lawyers in your area with the help of reliable legal websites, lawyer rating websites, and professional associations’ platforms. Look through their profiles, examine their areas of expertise, and client testimonials or reviews, if available. This research will give you an insight into their qualifications, experience, and reputation.

Setting Up Consultations:

Once you have formed a list of potential lawyers, consult them. Many lawyers offer initial meetings at no charge or reduced fees. During these sessions, ask about their experience, track record, fees, and approach to handling your case. Assess their communication style, level of expertise, and how comfortable you feel in their presence.

Ensuring Compatibility and Comfort:

Finding the best family lawyer who comprehends your unique circumstances is crucial. Evaluate their ability to listen attentively, respect your concerns, and exhibit empathy. Trust and open communication form the foundation of a solid lawyer-client relationship. Determine whether they can explain legal concepts easily throughout the process.

Evaluating Costs and Fees:

Before making a final decision, consider the costs and fees of hiring a lawyer. Inquire about their fee structure, including hourly rates, retainer fees, and additional expenses such as court fees or expert witness fees. Ensure you understand the payment terms and gain a clear understanding of the potential overall costs.


The de facto relationships might face various disputes regarding the division of finances. These disputes can be solved through various approaches, each offering its advantages and considerations. Individuals in de facto relationships should seek legal advice to determine the most suitable approach for their specific circumstances.

With the help of family lawyers Perth WA, individuals can easily solve the issue of property division with confidence between the partners of a broken de facto relationship, thus ensuring the protection of their rights and interests.

Securing the right lawyer for your legal process demands time and effort but is pivotal to your success. Remember, the right lawyer will serve as your trusted guide, steering you toward the best possible outcome for your case.

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