De Facto Relationships in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If Your De Facto Relationship Ends in Australia
- 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.
How New South Wales differs from federal law
De facto relationship property and maintenance disputes in NSW are governed by the Family Law Act 1975 (Cth), Part VIIIAB. NSW was one of the first states to refer its de facto relationship powers to the Commonwealth in 2009.
- A de facto relationship exists where two people live together on a genuine domestic basis but are not married. The court considers factors including the duration of the relationship, shared residence, financial interdependence, sexual relationship, care of children, and public reputation as a couple.
- For the FCFCOA to have jurisdiction, the relationship must have existed for at least 2 years, OR there is a child of the relationship, OR one party made substantial contributions and failure to make an order would result in serious injustice.
- Property division and maintenance for de facto couples follow essentially the same principles as for married couples — the four-step process and needs-based adjustments apply.
- Applications must be made within 2 years of the date of separation (compared to 12 months after divorce for married couples). Leave to apply out of time can be sought if hardship would result.
- NSW's Property (Relationships) Act 1984 previously governed de facto property disputes but has been largely superseded by the federal scheme. It still applies to same-sex relationships that ended before 1 March 2009.
Additional Steps in New South Wales
Seek legal advice about whether your relationship qualifies as de facto. File applications with the FCFCOA. Attempt mediation through Relationships Australia NSW or another FDR provider before going to court. Legal Aid NSW assists eligible de facto partners with property and maintenance disputes.
Relevant Law: Family Law Act 1975 (Cth), Part VIIIAB; Property (Relationships) Act 1984 (NSW); Commonwealth Powers (De Facto Relationships) Act 2003 (NSW)
Common Questions
When does de facto relationships 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 I do if my de facto relationship has broken down and I need to protect my property rights in Australia?
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...
What mistakes should I avoid with de facto relationships?
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 handl...
De Facto Relationships in other states
Same topic, different jurisdiction. Pick the one that applies to you.