Many Australians today choose to live together without getting married, forming what’s legally recognised as a de facto relationship. But when it comes to legal rights, property division, or separation, many couples aren’t sure how the law views their partnership. Do de facto couples have the same rights as married ones? What happens to shared property or finances if the relationship ends? Understanding these issues is essential to protect yourself and your assets.

What Is a De Facto Relationship in Australia?

Under the Family Law Act 1975, a de facto relationship exists when two people—whether of the same or opposite sex—live together on a genuine domestic basis but are not legally married. While this definition may sound simple, determining whether a couple qualifies as de facto depends on several factors.

Courts will look at the duration of the relationship, the nature of your living arrangements, and how you share finances or property. They also consider whether you have children together and how the relationship is viewed publicly. Interestingly, living together every single day isn’t required. What matters most is the level of commitment, interdependence, and how you function as a couple in daily life.

How Long Must You Be Together to Be Considered De Facto?

In most cases, the law requires that a couple live together for at least two years before they can apply to the court for property or financial orders. However, there are important exceptions. If you and your partner share a child, have registered your relationship under state or territory law, or if one partner made substantial financial or non-financial contributions to the relationship, you may still qualify as de facto even if you’ve been together for less than two years.

These exceptions exist to ensure fairness—especially when one partner has invested significantly in the relationship, whether through money, home-making, or caring for children.

Property Settlement for De Facto Couples

When a de facto relationship breaks down, property division follows a process similar to divorce. The court examines all assets, liabilities, and superannuation entitlements to ensure a just and equitable division. This includes jointly owned assets such as real estate, vehicles, savings, and even debts accumulated during the relationship.

The court looks closely at both partners’ financial and non-financial contributions. For example, one partner might have earned most of the income while the other cared for the home and children—both contributions are considered equally valuable. The court will also assess each person’s future needs, including age, health, income, and care responsibilities.

Because the process can be complex, seeking professional guidance from property settlement lawyers in Brisbane can make a significant difference. These legal professionals can help ensure that your financial rights are protected and that the division of assets is handled fairly according to the Family Law Act.

Spousal Maintenance and Parenting Arrangements

Separation can place financial strain on one partner, especially if they were financially dependent during the relationship. In such cases, the court may order spousal maintenance—ongoing financial support from one partner to the other. To make this decision, the court assesses factors such as each person’s earning capacity, ability to work, childcare responsibilities, and general financial circumstances.

When children are involved, their wellbeing takes top priority. The court determines arrangements for where the children will live, how much time they’ll spend with each parent, and how major life decisions will be made. De facto parents are treated the same as married parents when it comes to parenting responsibilities, meaning both have equal obligations and rights toward their children.

If disputes arise over parenting or financial matters, obtaining advice early from de facto property settlement lawyers can help you understand your options and protect your interests throughout the legal process.

Important Time Limits and Financial Agreements

It’s crucial to be aware of the time limits that apply after separation. You generally have two years from the date of separation to apply for property settlement or spousal maintenance. Missing this deadline can limit your ability to make a claim unless the court grants special permission.

Many de facto couples also choose to formalise their financial arrangements through a Binding Financial Agreement (BFA). This document sets out how assets, liabilities, and spousal maintenance will be handled in the event of separation. A BFA can be established before, during, or after a relationship, offering clarity and legal protection for both partners.

Protecting Your Interests in a De Facto Relationship

Whether you’re starting a new de facto relationship or going through a separation, taking proactive steps can help safeguard your rights. Keep detailed records of shared expenses, contributions to joint property, and any financial support provided. If your state allows it, consider registering your relationship to make your status legally recognisable.

Most importantly, seek professional advice before making any major decisions about property or finances. De facto law can be nuanced, and each relationship has unique circumstances that may affect how assets are divided or how maintenance is assessed.

Why Legal Guidance Matters

Navigating an unofficial separation without appropriate legal advice can be daunting. The emotional strain of concluding a relationship, along with intricate financial and legal matters, frequently results in expensive errors. Engaging with knowledgeable family attorneys guarantees that your case is managed justly while safeguarding your financial stability in the long run.

In Queensland, Brisbane property settlement lawyers offer customized guidance on managing financial negotiations and court submissions. Likewise, de facto property settlement solicitors can help couples throughout Australia resolve conflicts and attain fair results under the Family Law Act.

Safeguarding Your Future as a De Facto Partner

De facto relationships hold significant legal weight in Australia. While not bound by marriage, de facto couples share many of the same rights and responsibilities, particularly when it comes to property division, parenting, and financial support.

Understanding these laws—and acting early to protect your interests—can make a world of difference during or after a relationship. Whether you’re living together, planning for the future, or facing separation, getting clear, reliable legal advice is one of the smartest steps you can take.

In the end, the goal of de facto law isn’t to complicate relationships—it’s to ensure fairness. Knowing your rights, documenting your contributions, and consulting with skilled legal professionals gives you the clarity and confidence to move forward, no matter what stage of your relationship you’re in.

Author Bio: Jeryl Damluan is a seasoned SEO Specialist and Outreach Specialist at Justice Network. She excels in building authority links and amplifying online presence for law firms and businesses through strategic content creation and digital marketing.