Many people do not realise that de facto couples have very similar legal rights to married couples in Australia — including in relation to property, superannuation and parenting. If your de facto relationship has ended, you may have significant financial entitlements that need to be protected within strict timeframes.
Under the Family Law Act 1975 (Cth), a de facto relationship is a genuine domestic relationship between two people who are not married to each other. To access the property and financial provisions of the Family Law Act, the relationship must generally satisfy at least one of three thresholds: the relationship lasted at least two years; there is a child of the relationship; or the relationship is registered under a state or territory registration scheme.
Victoria has its own Relationships Act 2008, which allows de facto relationships to be registered with the Registry of Births, Deaths and Marriages. Registration provides automatic access to the financial provisions of the Family Law Act regardless of relationship length.
De facto couples who meet the thresholds have similar access to property settlement, superannuation splitting, and spousal maintenance as married couples. Parenting rights and obligations are identical. The key difference is the time limit for property claims — generally 2 years from separation (not 12 months from divorce as applies to married couples).
The court considers factors such as the duration of the relationship, shared residence, finances, sexual relationship, public acknowledgement, and care of children when assessing whether a de facto relationship existed.
At least one of the three thresholds (2 years, registered, or child of the relationship) must be met to access property provisions. Parenting provisions apply regardless of threshold.
Property and maintenance applications must generally be commenced within 2 years of the date of separation. Missing this deadline can be fatal to your claim — seek advice promptly.
The property settlement process is the same as for married couples — identify the asset pool, assess contributions, consider future needs, and determine a just and equitable outcome.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We advise whether your relationship meets the legal thresholds and what your likely entitlements are — clearly and honestly.
The 2-year time limit is important as there is no guarantee an out of time application will succeed. We identify the date of separation, calculate your deadline, and act within it.
We handle the full property settlement process for de facto couples — from financial disclosure through to consent orders or court proceedings.
For current de facto couples, we advise on whether registering your relationship under the Relationships Act 2008 is appropriate for your circumstances.
Generally 2 years from the date of separation. This is different from married couples, who have 12 months from when the divorce order takes effect. Missing the deadline may mean you need court leave to proceed. Seek advice promptly. This is general information only.
A relationship can be de facto without continuous cohabitation. The court looks at the overall circumstances of the relationship. However, evidence of the nature and duration of the relationship will be important. This is general information only.
Yes. Parenting rights and obligations under the Family Law Act apply equally to de facto and married couples — there is no difference in how the law treats either for parenting matters. This is general information only.
Yes. The Relationships Act 2008 (Vic) allows couples to register their relationship with the Registry of Births, Deaths and Marriages. Registration provides a record of the relationship and can affect legal rights. This is general information only.
Disputes about whether a de facto relationship existed are heard by the Federal Circuit and Family Court. The court considers all relevant factors. We can advise on the strength of your position and gather supporting evidence. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
No obligation · Confidential · Mon–Fri 9am–5pm AEST