De Facto Relationship Meaning Under Australian Family Law
Understanding the meaning of a de facto relationship is essential for anyone living with a partner outside of marriage.
In Australia, the Family Law Act 1975 recognises de facto couples and grants them many of the same rights as married spouses in areas such as property division, parenting arrangements, and spousal maintenance.
Knowing how the law defines and treats these relationships helps you protect your interests if your relationship ends or major life decisions arise.
What Is the Meaning of a De Facto Relationship?
A de facto relationship exists when two people live together on a genuine domestic basis but are not legally married. The law recognises both same-sex and heterosexual couples. The central question is whether the relationship operates as a genuine partnership—socially, financially, and emotionally.
Courts assess several factors to determine whether a de facto relationship exists, such as:
- The length of the relationship
- Whether the couple lives together full-time or part-time
- The degree of financial interdependence, such as shared bank accounts or property
- Whether they have children together
- How they present themselves publicly as a couple
Importantly, partners do not have to live together every day. What matters most is the nature and quality of the relationship, not strict cohabitation.
How Long Must You Be Together to Qualify?
The Family Court generally requires couples to have lived together for at least two years before making orders about property or finances. However, a shorter relationship may still qualify if:
- The couple has a child together
- The relationship is registered under state or territory law
- One partner made substantial financial or non-financial contributions and would suffer serious disadvantage if the relationship were not recognised
Property and Financial Matters
When a de facto relationship ends, property division follows similar principles to divorce. The court considers:
- Assets and liabilities, including superannuation and debts
- Contributions made by each partner, both financial and non-financial
- Future needs, such as income, health, and childcare responsibilities
- Whether the proposed outcome is just and equitable
Spousal Maintenance and Parenting
The law also allows a de facto partner to apply for spousal maintenance if they cannot adequately support themselves after separation. The court examines each partner’s earning capacity, financial resources, and care of children.
If children are involved, the best interests of the child remain the guiding principle. Parenting orders cover where the child lives, how time is shared, and who makes major decisions. The law treats married and de facto parents equally.
Binding Financial Agreements and Time Limits
After a de facto separation, partners have two years to apply for property settlement or spousal maintenance. You can also create a Binding Financial Agreement (BFA)—before, during, or after your relationship—to set out how finances and assets will be managed if you separate.
A BFA can outline how property, savings, superannuation, and even future inheritances will be divided, helping couples avoid disputes later on.
To be valid, both parties must receive independent legal advice before signing. This ensures that each partner fully understands the implications of the agreement and that it meets the legal standards required under the Family Law Act 1975.
In Australia, the meaning of a de facto relationship goes beyond simply living together. It describes a partnership built on shared commitment, interdependence, and genuine domestic life.
Understanding how the law defines and recognises these relationships helps you make informed decisions about property, parenting, and financial arrangements.
Whether you are beginning a relationship, registering it, or facing separation, knowing your rights under the Family Law Act 1975 ensures that your interests—and those of any children—are properly protected.