While it is more efficient and cost-effective for de facto partners to resolve their property and parenting matters outside of court once they have separated, de facto matters can be resolved at the Family Court or Federal Circuit Court where necessary.
Separated de facto partners who wish to commence Court proceedings for a property settlement must do so within two years from the date of separation, save for exceptional circumstances where the Court may allow proceedings to be commenced outside of the two-year time-frame.
There is no time limit to commence court proceedings for parenting matters, as long as there is a child under 18 years of age. It is important to remember, however, that before you initiate court proceedings for a parenting matter, you and your former partner must make a genuine effort to resolve the matter through Family Dispute Resolution save for exceptional circumstances such as family violence.
If you and your former de facto partner have been unable to resolve your parenting or property matters privately or through negotiation or mediation, our lawyers at Essendon Family Lawyers can advise you about commencing proceedings at Court.