610 Glenferrie Road, Hawthorn VIC 3122, Australia

De Facto & Same Sex Relationships

If your de facto or same-sex relationship has broken down, you have the right to seek property settlement and spouse maintenance as long as you have been living in a genuine domestic relationship.

Kimberly Hunter, Divorce Lawyer

If your de facto or same-sex relationship has broken down, you have the right to seek property settlement and spouse maintenance as long as you have been living in a genuine domestic relationship.

De Facto & Same Sex Separation

Many people in Australia choose to live together as a same-sex or opposite-sex couple without being married.

If your de facto or same-sex relationship has broken down, you have the right to seek property settlement and spouse maintenance as long as you have been living in a genuine domestic relationship.

At Clancy & Triado our family law experts are here to listen to your story, assess your situation and advise you on the best course of action. We are also here to support you during this highly stressful time and to represent you in negotiations.


Disputes

If you or your partner are disputing whether you have lived together in a genuine de facto or same-sex relationship, you can seek a declaration from the Family Court. The Court will examine the nature of your relationship, considering factors such as the length of your relationship, whether you live together, intimacy, financial dependence or interdependence between the parties, use of property, mutual commitment to a shared life, care and support of children, and the reputation and public aspects of your relationship.


Rights & Obligations

If your de facto or same-sex relationship breaks down you have rights and obligations that may include property settlement and spouse maintenance.

At Clancy & Triado our expert family lawyers can advise you on your financial rights and obligations and help you to achieve the best possible outcome. Financial claims must be issued within two years of the date of separation and partners often disagree about that date. This makes it important for you talk to us as soon as possible after your separation.


Financial Agreements

A financial agreement made early in a relationship can save an enormous amount of stress and the cost of litigation. That’s because it establishes how your property will be divided and whether spouse maintenance is to be paid in the event of a separation.

If you are about to enter into a de facto relationship, or you are already living in one, now is the right time to talk to Clancy & Triado about preparing this important contractual agreement.

Ready to Take Steps Towards Your Future? Call us on 03 9813 1111 or email your details.

Our Founder

In 1976, Patricia Clancy was building up her legal practice when Gough Whitlam's attorney-general Lionel Murphy changed the law.

It also changed her life.

Her firm Clancy and Triado went on to become one of the most prominent in the state handling divorce - notably for female clients - and custody cases.

Later, Clancy was awarded an Order of Australia for services to law, particularly family law.

The Whitlam period "was a very exciting time. Things a lot of people had objected to were so suddenly remedied at the stroke of a pen."

The legal changes fundamentally changed people's lives for the better, particularly women and children, she says.

"We will never go back to the appalling situation that existed before the act, whereby people were forced to stay in dreadful marriages".

Patricia Clancy AM, Founder
Contact us

We Tell Your Story

We listen to your story and advocate for your best interests. Our lawyers are committed to supporting you to achieve the best possible outcome in your family law settlement.

We view Court as the last resort, not a first resort.

We succeed in resolving approximately 95% of our cases before court proceedings are issued, saving our clients unnecessary stress, cost and time.

Your first meeting carries no obligation to proceed.