By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Advice about a de facto relationship may concern financial arrangements while together, separation, property or a disagreement about whether the relationship meets the relevant legal definition. The answer is not determined by a single label used by either person. Explain the relationship history, locations and financial arrangements so the adviser can assess the applicable framework.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find de facto relationships providers →Build a factual relationship timeline
Record periods of living together or apart, major commitments, children and changes in financial arrangements. Identify the dates and locations you are sure about and mark uncertainty. Include existing agreements and relevant records. Ask which details matter to the legal assessment rather than gathering intrusive material indiscriminately.
Separate relationship status from the remedy sought
You may need advice on property, maintenance, an agreement or parenting. Explain the particular outcome and any urgent issue, such as a proposed property sale or account restriction. Ask how jurisdiction and eligibility affect the available route, including where Western Australian circumstances may require different advice. Do not rely on a universal time-together rule from informal sources.
Prepare financial information and a staged scope
List assets, debts, superannuation, business interests and contributions you want discussed. Ask what disclosure and valuation work is needed before considering proposals. Compare an initial assessment with negotiation, formalising agreement and proceedings. Tell the adviser about previous separation discussions and any documents already signed.
Separate jointly managed finances from jointly owned assets
Partners may pay expenses together while assets are held through different names or structures. Prepare a schedule showing ownership, debt, access and how payments have been made, marking anything uncertain. Include businesses, trusts and superannuation rather than listing only household property. Ask which additional documents are relevant to the relationship and financial questions. This gives the adviser a fuller picture and helps prevent an early proposal from relying on an assumption that practical use, legal title and the eventual legal assessment are all the same thing.
Compare the scope and cost of advice
A family-law quote should reflect the issue you want addressed and the stage it has reached. Explain safety and communication needs before documents are sent. Separate initial advice, negotiation, formalising an agreement and court work when comparing services. If parenting, property and another proceeding overlap, ask how advice will be coordinated and which tasks require separate instructions.
- First assessment
- Ask which documents will be reviewed, how options and dates will be explained and whether you receive a written summary of agreed next steps.
- Negotiation or agreement
- Confirm whether preparation, correspondence, meetings and drafting are included, and how the fee changes if new financial information or disputed issues emerge.
- Formal proceedings
- Ask what particular stage is quoted, who will attend, whether counsel or experts are additional and when the strategy and estimate will be reviewed.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
Former partners disagree about when their relationship ended and jointly own a business. They prepare a timeline and ownership records so the adviser can assess the relationship question separately from the proposed financial arrangement.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I need advice about a de facto relationship and [agreement or separation issue] connected with [state]. The relationship timeline is [brief dates], and the financial interests include [types]. Can you assess the applicable framework and the information needed before discussing a proposal?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about de facto relationships
Is living together for a particular period the only test?
Ask about the full circumstances and applicable law; a single duration does not answer every status or eligibility question.
Do I need to wait for a formal separation document?
Explain what has happened and seek advice on the relevant dates and options rather than assuming a particular document starts every process.
Further reading and scope
Federal Circuit and Family Court: de facto relationships
Federal family-law guidance; Western Australian financial matters require particular jurisdictional checking.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.