Same sex partners are included in the definition of defacto partners. Defacto couples can make a financial claim for spousal maintenance and property settlement. The elements needed to bring a claim are that the defacto relationship was of at least two years duration. The exception to this is where there is a child of the relationship or where there has been a substantial contribution made by one party to the other party’s property.
We can advise you on whether your matter falls within the category of a defacto relationship as sometimes the other party disputes the existence of a genuine defacto relationship. If successful, this would mean you could not apply to the court for a property settlement or for spousal maintenance. There are a number of elements that make up a defacto relationship and this requires careful consideration.
You need to be alert to a time limit of two years within separation to bring a claim at court for a financial settlement. It is common that partners dispute the actual date of separation so it is advisable to obtain legal advice soon after you separate.