De Facto Break Up Entitlements Australia
If your de facto relationship ends, you may be entitled to property and financial adjustments, superannuation splitting, and other entitlements under Australian law—depending on factors like the length of your relationship, contributions, and future needs.
What Counts as a De Facto Relationship?
Under Australian law, a de facto relationship exists when you and your partner are not married but have lived together on a genuine domestic basis. You typically need to have been together for at least two years—or have children together, made substantial contributions, or registered your relationship—to qualify.
Key takeaway: You may meet the legal definition of a de facto relationship even without common-law marriage, especially if you’ve lived together, shared finances, or registered the relationship.
Property and Financial Settlement
When a de facto relationship ends, you can apply for a property settlement. That involves dividing assets and debts you share, and it’s not just about what you have now—it’s about contributions and future needs.
Contributions include:
- Financial (e.g. earnings, property, inheritances)
- Non-financial (e.g. caring for your home, supporting your partner)
- Indirect (e.g. renovations, admin work for running a household)
After contributions are assessed, the court looks at whether you or your ex have greater financial need and adjusts the split accordingly, especially if there’s an imbalance in earning capacity or caregiving responsibilities.
Key takeaway: Your contributions—financial and otherwise—shape how property is divided, and the court may give extra weight to your future needs after separation.
Superannuation Splitting
Your superannuation is considered part of the asset pool in a de facto break up. The balance of your super may be split, even if it’s held by one of you.
You can negotiate how super is divided. If you can’t reach an agreement, you might apply to the court for a splitting order. Timing is important—there are legal limits, especially if you aren’t in a registered relationship.
Key takeaway: Your super count matters too—it can be split following separation. Negotiation is an option, but there are deadlines to consider if it’s not part of a registered relationship.
Spousal Maintenance
If, after the separation, your earning capacity is much lower than your ex’s—or you’ve been carrying out unpaid domestic work—you may qualify for spousal maintenance. This is short-term support to help you become financially independent.
Courts look at factors like:
- Your age and health
- Your capacity to work or study
- Any caregiving responsibilities you have
- Your partner’s ability to pay
Key takeaway: You may be able to claim support to help you get back on your feet if you can’t meet your own reasonable living needs after separation.
Time Limits and Registration
Generally, you need to sort out property and super divisions within two years of separation, unless you were in a registered de facto relationship. If your relationship was registered, the deadline is extended to four years in many states.
Be mindful—missing these time frames can prevent you from claiming your entitlements.
Key takeaway: Be aware of deadlines. If your de facto relationship wasn’t registered, act within two years of separation—otherwise, you could lose claim rights.
Informal Agreements vs Formal Orders
You and your ex can reach an informal agreement about splitting assets. If it’s in writing and you both sign, and it’s fair, the court may uphold it. But if you haven’t finalised it with consent orders or a binding financial agreement, it’s not guaranteed.
Getting a formal court consent order or financial agreement gives you legal security—especially if circumstances change.
Key takeaway: Informal agreements can work—but to make your agreement legally enforceable and protect yourself later, consider formalising it through consent orders or a binding agreement.
What You Should Do Next
- Get advice early—Understand your rights and deadlines before you miss them.
- Document contributions—Financial records, photos of shared renovations, evidence of unpaid work all help.
- Consider negotiation—Mediation or direct talks can be faster, cheaper, and less stressful.
- Formalise agreements—If you agree, get it in writing and make it binding.
- Act on time—File your application within legal deadlines, depending on registration status.
Key takeaway: You’re best setting yourself up with proper advice, records, and timely, formalised agreements to safeguard your entitlements.
A de facto break-up in Australia isn’t just emotional—it involves practical steps and legal entitlements. You’re likely eligible for property division, super splitting, and possibly support payments, provided you meet jurisdictional rules and deadlines. Taking action early, keeping records, negotiating in good faith, and formalising your outcome will help you step confidently into your next chapter.