De Facto Relationships in South Australia
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 South Australia differs from federal law
De facto relationships in South Australia are recognised under both federal and state law. Since 2010, de facto couples in SA have access to the federal family law system for property division and maintenance following separation.
- SA referred its powers over de facto financial matters to the Commonwealth, so the Family Law Act 1975 (Cth), Part VIIIAB governs property division and maintenance for de facto couples who separate.
- To be considered de facto, the couple must have lived together on a genuine domestic basis. The court considers factors including the duration of the relationship, shared finances, property, and care of children.
- De facto partners have the same rights as married couples regarding property division, spousal maintenance, and parenting orders under federal law.
- Under SA state law, the Family Relationships Act 1975 (SA) recognises de facto ("putative") partners for purposes including inheritance (if there is no will), workers' compensation, and superannuation.
- Applications for property settlement must be made within 2 years of separation for de facto couples (compared to 12 months after divorce for married couples).
Additional Steps in South Australia
For property division, apply to the Federal Circuit and Family Court (Adelaide Registry) within 2 years of separation. For state law matters (inheritance, next-of-kin issues), contact the Legal Services Commission of SA (1300 366 424). De facto relationship declarations can be sought from SACAT or the courts.
Relevant Law: Family Law Act 1975 (Cth), Part VIIIAB; Family Relationships Act 1975 (SA); Domestic Partners Property Act 1996 (SA)
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.