De Facto Relationships – What are your legal rights?
In Australia, more couples are choosing to live together in committed relationships without getting married. While this offers flexibility, it also raises important legal questions, especially when a relationship breaks down.
Many people are surprised to learn that de facto relationships are treated very similarly to marriages under Australian family law, particularly when it comes to property, finances, and parenting matters.
In this blog, we break down what qualifies as a de facto relationship, your rights and entitlements, and how to protect yourself legally.
What Is a De Facto Relationship?
Under the Family Law Act 1975, a de facto relationship exists when two people (opposite or same sex):
Are not legally married to each other
Are not related by family
Live together on a genuine domestic basis
There’s no single definition of “genuine domestic basis,” so courts look at several factors to determine whether a relationship is de facto, including:
The length of the relationship (generally at least 2 years)
Whether you lived together
Whether there was a sexual relationship
Financial arrangements (shared expenses, joint accounts)
Ownership or use of property
Care and support of children
How others perceived your relationship (e.g., friends, family)
You don’t need to have lived together full-time, and you can be in a de facto relationship even if one or both of you were still legally married to someone else at the time. You can also stop and start a de facto relationship and add the times together.
What Are Your Legal Rights in a De Facto Relationship?
When a de facto relationship ends, both parties may have rights and responsibilities that are very similar to those of a married couple.
Just like married couples, de facto partners can apply to the Family Court or Federal Circuit and Family Court of Australia (FCFCOA) for a property settlement. This includes:
Dividing assets such as the family home, vehicles, superannuation, savings, and investments
Determining liabilities such as debts or loans
Considering financial and non-financial contributions (e.g., homemaking, parenting)
To be eligible to apply, you must show that:
You were in a de facto relationship for at least 2 years, or
You have a child together, or
You registered your relationship under state law, or
One party made substantial contributions (financial or otherwise) and a serious injustice would result if an order isn’t made.
You must also apply within 2 years of the relationship ending, unless the court grants special permission.
If, after separation, one party is unable to adequately support themselves, they may be entitled to spousal maintenance—ongoing financial support from their former partner. The court will consider:
Each party’s income and financial resources
Age and health
Earning capacity
Whether children are involved
Spousal maintenance is not automatic and depends on the financial needs of one party and the capacity of the other to pay.
Whether parents were married or in a de facto relationship has no bearing on their legal responsibilities to children. The court’s primary concern is always the best interests of the child.
Parents can agree on parenting arrangements themselves, through mediation, or by applying for parenting orders in court. These orders may cover:
Where the child lives
Who the child spends time with
Schooling, medical care, and religion
Travel and holiday arrangements
Child support may also be payable under the Child Support Agency guidelines.
How Can You Protect Your Legal Rights?
Even in the most amicable relationships, it’s wise to be proactive. Here are some ways to protect yourself:
Create a Binding Financial Agreement (BFA)
Before or during your de facto relationship, you can formalise how assets and financial matters will be handled if you separate. A BFA can help avoid disputes later, but it must be properly drafted by lawyers on both sides to be legally enforceable.
Keep Records of Contributions
Documentation of financial and non-financial contributions (e.g. renovations, caregiving, payments) can be important evidence in case of a dispute.
Seek Legal Advice Early
Whether you’re entering a de facto relationship or facing a separation, early legal advice can help you understand your rights and avoid costly mistakes.
Common Myths About De Facto Relationships
Myth 1: You have to live together for two years to be in a de facto relationship
➡️ Not always true. If you have a child together, make significant contributions or register your relationship, the two-year rule may not apply.
Myth 2: If everything is in one person’s name, the other has no claim
➡️ False. Courts look at financial and non-financial contributions, not just whose name is on the paperwork.
Myth 3: You need to go to court to divide property
➡️ Not necessarily. Many de facto couples resolve property matters through negotiation, mediation, or consent orders, avoiding court altogether.
De facto couples have rights and protections under Australian law, but navigating those rights can be complex, especially during separation. Whether you're in a de facto relationship or going through a breakup, it’s important to know where you stand legally and get advice tailored to your situation.
At Allison Rowe Family Lawyers, we specialise in supporting individuals in de facto relationships with compassion and clarity. We can help you understand your options and guide you through the legal process, whether you're protecting assets or negotiating a fair outcome after separation.
