De Facto Relationships
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Since March 2009, de facto couples (including same-sex couples) in most of Australia have the same rights as married couples for property division and spousal maintenance under the Family Law Act 1975, Part VIIIAB. This means the federal family court can handle their property and financial disputes.
A de facto relationship is defined as two people who are not married but live together on a genuine domestic basis (s 4AA). The court considers factors such as the length of the relationship, whether you lived together, the degree of financial dependence, ownership of property, the degree of mutual commitment, the care of children, and the reputation and public aspects of the relationship.
To access the federal family law system for property or maintenance, a de facto relationship must meet at least one threshold: the relationship lasted at least two years; there is a child of the relationship; one party made substantial contributions and failure to make an order would cause serious injustice; or the relationship was registered under state or territory law (s 90SB).
De facto couples must file property or maintenance claims within two years of separation. After that, you need the court's permission to proceed. Western Australia has its own state-based system and is not covered by Part VIIIAB.
When does it apply?
These rights apply when:
- You are or were in a de facto relationship — living together on a genuine domestic basis without being married.
- The relationship meets at least one threshold: lasted two years or more, there is a child of the relationship, substantial contributions were made, or the relationship was registered.
- You live in a referring state or territory — all states and territories except Western Australia have referred their powers to the Commonwealth.
- In Western Australia, de facto property matters are handled under the Family Court Act 1997 (WA) in the state family court.
What should you do?
- Document the start and end dates of your relationship — this is important for meeting the two-year threshold and the time limit to file.
- Gather evidence of your relationship — joint leases, shared finances, photos, statutory declarations, or relationship registration.
- File property or maintenance claims within two years of separation — this is a strict deadline.
- Consider a binding financial agreement (BFA) — you can enter into one during or after the relationship to set out how property will be divided.
- Get legal advice — de facto property law has extra threshold requirements that married couples do not face.
What should you NOT do?
- Don't assume you have no rights just because you were not married — de facto couples have the same property and maintenance rights as married couples under federal law.
- Don't miss the two-year deadline — claims must be filed within two years of separation, or you need the court's special leave.
- Don't confuse the two-year threshold with the two-year filing deadline — you can access the court if the relationship was shorter than two years, provided another threshold is met (e.g., a child of the relationship).
- Don't ignore Western Australia's different rules — if you live in WA, your matter is handled under state law, not the federal Family Law Act.
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