Hi there. It sounds like you and your partner are living in a de facto relationship. This is a type of relationship that exists between two people who are not married but live together as a couple on a genuine domestic basis. The law recognises that de facto relationships can exist between two people of the same or opposite sex.

Separating from your de facto partner would mean that the property and assets you and your partner own would need to be divided up – this is known as a “property settlement”. If you have pre-existing financial agreement prepared by a lawyer, you can divide up the property according to the agreement.

If such an agreement does not exist, you can try to reach an agreement yourselves. Any agreement reached can be made binding by speaking to a lawyer who will help you both enter into a binding financial agreement or file consent orders with the Family Court or Federal Circuit Court. If you are having difficulties reaching an agreement with your de facto partner, you may want to consider accessing a family dispute resolution service (seewww.fdrr.ag.gov.aufor more information).

If you cannot reach an agreement with your de facto partner, you can apply to the Family Court or Federal Circuit Court for a property settlement. You would be eligible to make an applicable because your de facto relationship has lasted for more than two years. When deciding how the property will be divided, the Court will consider a number of factors, such as:

• what each of you owned before the relationship;

• the net value of your current assets (including superannuation);

• financial and non-financial contributions made by each person over the course of the relationship; and

• each person’s earning capacity and future needs.

The Court will consider these factors to determine what proportion of the assets should be given to each person. You said that you do not co-own any property with your de facto. While this suggests you would retain ownership to that property, your partner may have some rights to a portion of that property depending on whether he or she has made indirect financial contributions (e.g. payment of household expenses) or non-financial contributions (e.g. domestic tasks, renovations) and what his or her relative earning capacity is in relation to your income.

Dear member,

The single biggest factor that will impact costs is whether or not you already have an agreement with your partner about the terms of any settlement. If not, and there is a dispute, the particular process you use to help reach a settlement will also be very important.

For example, at one end of the scale you could use a mediation service with minimal input from lawyers except to draft any settlement documents. The total cost might be something like $5,000 - $10,000. At the other extreme is a fully litigated court case where a Judge eventually makes a decision about how the assets should be divided. That would cost at least $50,000.

In-between is a process called collaborative law which involves both parties and their lawyer signing a contract in which they agree not to go to Court. Collaboration is about finding solutions, not finding more things to fight about. Compared to traditional litigation methods, it’s dignified, discrete and allows you to stay in control.

I'd be happy to discuss your situation in more detail if you would like to make an appointment in my office at a convenient time.

Regards.