De Facto Relationships — Family Law Act 1975

De Facto Separation in Australia

Understand your property rights, the 2-year cohabitation threshold, and how Australian law treats de facto relationships — including same-sex couples — when they end.

2 Years

General Threshold

2 Years

Time Limit to File

Divorce Needed

De facto rights are federal law, not state law

Since 2009, de facto property rights have been governed by the federal Family Law Act 1975 — the same legislation that governs married couples. The process and principles are essentially the same. This guide uses the correct federal law references throughout.

What Is a De Facto Relationship Under Australian Law?

A de facto relationship is defined in Section 4AA of the Family Law Act 1975 as a relationship between two persons who are not legally married to each other, are not related by family, and have a relationship as a couple living together on a genuine domestic basis.

Crucially, no single factor is determinative. The court looks at the whole picture of the relationship. Two people can be in a recognised de facto relationship even if they never shared the same address permanently, or if they had periods of separation. Courts assess all of the following indicators together:

Duration of cohabitationHow long you lived together or regularly stayed overnight. There is no strict minimum, but courts generally expect at least 2 years for property rights to apply (with exceptions).

Sexual or intimate relationshipWhether there was a sexual component to the relationship. This is one factor but is not essential — non-sexual domestic partnerships can qualify in some circumstances.

Financial interdependenceJoint bank accounts, shared expenses, financial support from one party to the other, joint property ownership, or co-signed loans all indicate financial interdependence.

Joint ownership of propertyOwning real estate, vehicles, or other significant assets jointly is a strong indicator of a de facto relationship.

Care and support of childrenIf children were born of or raised within the relationship, this is a significant factor regardless of the length of the relationship.

Public representation as a coupleWhether you presented as a couple to family, friends, and the public. Joint invitations, shared social media, and being known as a couple matters.

Mutual commitment to a shared lifeEvidence of shared plans, discussions about the future together, and commitment beyond a casual arrangement.

What to Do After De Facto Separation

The 2-year time limit to file for property orders is one of the most important — and most often missed — deadlines in de facto family law.

Document the date of separation

Unlike married couples who have a clear divorce date, de facto separation can be disputed. Record the date you separated in writing — text message, email, or a note to yourself. This date matters because the 2-year time limit for property claims runs from it.

Determine if you qualify for property orders

For property orders to be available, you generally need: (a) at least 2 years cohabitation, OR (b) a child of the relationship, OR (c) substantial contributions to justify serious injustice if no order is made. If uncertain, get legal advice early.

Gather evidence of the relationship

Collect evidence that establishes the existence and duration of the relationship — joint bank statements, leases in both names, shared utilities, photos, text messages discussing cohabitation, and statutory declarations from people who knew you as a couple.

Complete financial disclosure

Both parties have the same full and frank disclosure obligations as married couples. Complete Form 13.1 (Financial Statement) with all assets, liabilities, superannuation, and financial resources.

Attempt Family Dispute Resolution (FDR)

For parenting matters, FDR is mandatory before filing in court (except in family violence or urgency exemptions). For property matters, FDR is not mandatory but strongly encouraged as a way to resolve the matter without court costs.

Apply within 2 years of separation

After 2 years from your separation date, you need the court's special permission to apply for property orders. Courts do not automatically grant this permission. If you are approaching the 2-year mark without having resolved property matters, seek urgent legal advice.

De Facto vs Married Couples — Key Differences

Aspect	De Facto	Married
Time limit for property claims	2 years from date of separation	12 months after divorce is finalised
Minimum relationship duration	2 years (with exceptions for child of relationship or significant contribution)	No minimum — can be very short
Parenting orders	Identical to married couples under Family Law Act	Identical to de facto couples
Child support	Same as married — Child Support (Assessment) Act applies	Same as de facto
Superannuation splitting	Available — same process as married couples	Available — same process
Divorce application required	No — separation is sufficient	Yes — must apply and wait 12 months
Proving the relationship ended	Date of separation (can be disputed)	Divorce order from court (definitive)
Binding Financial Agreements	Available before, during, or after relationship	Available before (pre-nup), during, or after

Registering Your De Facto Relationship

While registration of a de facto relationship is entirely optional, it provides practical benefits — particularly in proving the existence and duration of the relationship. Each Australian state and territory operates its own relationship register.

Registration is optional but helpful

You do not need to register your relationship to have de facto rights under Australian family law. However, registration provides clear, documented evidence of the relationship that cannot easily be disputed later.

Provides clear proof that the relationship existed — removes the need to establish the relationship in court
Confirms the start date of the relationship definitively
Recognised in the same states' legal system for other purposes (hospital visitation rights, next-of-kin decisions)
Available in NSW, VIC, QLD, SA, WA, TAS, ACT, and NT — each state has its own registry
Does not affect your federal family law rights — it is an additional layer of protection

Frequently Asked Questions

How long do you need to live together to be considered de facto for property rights?

Do de facto couples have the same property rights as married couples?

What if we were on-again, off-again?

Are same-sex de facto relationships recognised under Australian law?

What happens if we can't agree on whether we were even in a de facto relationship?

We lived in different states during our relationship — which state's laws apply?

Understand Your De Facto Rights

Calculate property entitlements, organise evidence, and prepare for your matter with Splitifi's guided tools.

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Property Settlement

Financial Disclosure

Superannuation Splitting

FDR Preparation

Self-Represented Guide

2-Year Deadline Warning

You have only 2 years from separation to apply for property orders. After this you need court permission — which is not guaranteed. If your separation was recent, act now.

Understand Your Entitlements

Use Splitifi to calculate property entitlements, organise your evidence, and prepare for your de facto property matter — whether through agreement or court proceedings.