De Facto Relationships
De Facto Separation
Understand your rights when a de facto relationship ends. Property settlement, parenting orders, and the 2-year rule.
2 Years
General Threshold
Equal
Property Rights
No
Divorce Needed
What Makes a De Facto Relationship?
Courts look at multiple factors - no single factor is determinative
- Living together or regularly staying overnight
- Sexual relationship
- Financial support or intermingling of finances
- Joint ownership of property
- Care and support of children
- Public representation as a couple
- Mutual commitment to a shared life
You don't need to register your relationship to have de facto rights. However, registration (available in some states) can make proving the relationship easier.
De Facto vs Married - Key Differences
| Aspect | De Facto | Married |
|---|---|---|
| Time limit for property claims | 2 years from separation | 12 months from divorce |
| Minimum relationship duration | 2 years (with exceptions) | No minimum |
| Parenting orders | Same as married | Same as de facto |
| Child support | Same as married | Same as de facto |
| Superannuation splitting | Available | Available |
| Divorce application needed | No | Yes |
Frequently Asked Questions
Understand Your De Facto Rights
Use Splitifi to calculate property entitlements, organise evidence, and prepare for your matter.