De Facto Relationships in Australia
If you’re in a de facto relationship, you might be unsure about what rights and protections apply to you—especially if you’re living together, separating, or sharing assets.
In Australia, de facto couples are recognised under the Family Law Act 1975, meaning they often have the same rights and responsibilities as married couples when it comes to property division, parenting arrangements, and spousal maintenance.
This article explains how de facto relationships work under Australian family law, highlighting key cases and practical steps to help you understand your legal position.
What Is 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 heterosexual and same-sex de facto couples.
Courts consider several factors when determining if a relationship qualifies as de facto, including:
- The length of the relationship
- Whether you live together full-time or part-time
- If you share finances or own property together
- Whether you have children
- How your relationship is viewed publicly
It’s not necessary to live together every day; what matters most is the nature and commitment of your relationship.
How Long Must You Be Together?
Generally, you must be in a de facto relationship for at least two years before the court can make financial or property orders. However, exceptions apply if:
- You have a child together
- Your relationship is registered under state or territory law
- One partner made substantial contributions, and failing to recognise them would cause injustice
Property Settlement for De Facto Couples
If a de facto relationship ends, property division works much like a divorce. The Family Court looks at:
- Assets and liabilities (property, debts, superannuation)
- Contributions (financial and non-financial, such as parenting or homemaking)
- Future needs (age, health, income, and care responsibilities)
- Fairness—whether the final division is just and equitable
Spousal Maintenance and Parenting Matters
If you cannot support yourself after separation, you may be entitled to spousal maintenance. The court assesses your income, capacity to work, and your partner’s ability to pay, considering childcare responsibilities and health.
For parenting arrangements, the child’s best interests always come first. The court determines where children live, how much time they spend with each parent, and who makes major decisions. De facto parents are treated the same as married parents in these matters.
Key Time Limits and Agreements
After separating, you have two years to apply for property settlement or spousal maintenance. Missing this deadline can prevent claims unless the court grants special permission.
You can also formalise your financial arrangements through a Binding Financial Agreement (BFA)—either before, during, or after the relationship. BFAs specify how assets and maintenance will be handled if separation occurs.
Protecting Your Interests
Whether you’re beginning or ending a de facto relationship, taking practical steps can safeguard your future:
- Keep records of joint expenses and financial contributions
- Consider registering your relationship (if available in your state)
- Seek legal advice before or during separation
- Discuss a Binding Financial Agreement for clarity and protection
De facto relationships in Australia carry significant legal recognition, offering many of the same rights and obligations as marriage under the Family Law Act 1975. Whether you are living together, separating, or planning for the future, understanding how the law defines and treats de facto relationships is essential.
Knowing what factors establish a de facto partnership, how property and financial matters are divided, and the options available for parenting or spousal maintenance can help you make informed choices.
Seeking accurate information and early legal guidance ensures that your rights are protected and that any arrangements—financial or parental—are handled fairly and transparently.