Key takeaway: A de facto relationship exists where two people live together on a genuine domestic basis without being married. Under the Family Law Act, de facto couples have substantially the same property, superannuation and maintenance rights as married couples. The key difference is the time limit: de facto couples generally have two years from separation to apply for a property settlement.
What is a de facto relationship?
Under the Family Law Act 1975, a de facto relationship exists where two people (of any gender) live together on a genuine domestic basis and are not married to each other. No single factor decides it — a court looks at the whole picture: how long you were together, whether you lived together, the nature of the financial arrangements, whether there was a sexual relationship, shared property, children, and how the relationship was presented publicly.
Generally, you need to have been in the relationship for at least two years, or have a child together, or have made substantial contributions — for the property regime to apply.
Unsure whether your relationship qualifies as de facto? We'll help you understand where you stand.
Book a free consultation →What rights do de facto couples have?
This surprises many people: de facto couples have substantially the same rights as married couples when it comes to property settlement, superannuation splitting and spousal maintenance. The same four-step process applies to dividing assets. Being unmarried does not mean walking away with only what's in your name — a point reinforced across Federal Circuit and Family Court property matters.
How are de facto assets split?
Exactly as for married couples: identify the asset pool, assess contributions (financial and non-financial), consider future needs, and check the result is just and equitable. There's no automatic 50/50. See the full property settlement guide → and resolve it through de facto mediation rather than court.
The two-year time limit
This is the single most important practical difference. De facto couples generally have two years from the date of separation to apply for a property settlement or maintenance. Because there's no divorce process to mark the timeline, it's easy to let the limit slip by. If you're separating from a de facto partner, treat the clock as already running.
De facto vs marriage
The rights are largely the same; the differences are mostly procedural. Married couples divorce (and have 12 months after divorce for property); de facto couples don't divorce but have two years from separation. Proving a de facto relationship existed can itself sometimes be contested, whereas marriage is a matter of record. A binding financial agreement can provide certainty either way →
Separating from a de facto partner? The two-year clock is ticking — book a consultation today.
Book a free consultation →Protecting yourself
Whether you're entering, in, or leaving a de facto relationship, you can protect your position. A binding financial agreement can set out how assets would be divided. On separation, mediation lets you reach a fair settlement quickly and formalise it through consent orders or an agreement — well inside the two-year window. See de facto mediation →