De facto partners in Australia have the same rights as married couples when separating. Property, super, children and financial matters are dealt with under the same laws. This guide explains how de facto relationships are defined and what happens when they end.
What is a de facto relationship?
You are de facto if you:
- Live together on a genuine domestic basis, and
- Are not legally married.
Factors may include:
- How long you’ve lived together
- Whether you share finances
- Commitment to a shared life
- Children
- Reputation as a couple
There is no strict “two-year rule”
Your rights after de facto separation
You have access to more or less the same laws as married couples, including:
- Property settlement
- Super splitting
- Spousal maintenance
- Parenting arrangements
- Court processes
- Mediation
How property is divided
The four-step process used for married couples applies here too.
Time limits
De facto partners must start court proceedings within 2 years of separation.
Common questions
Do we need to live together full-time?
No. Many couples have flexible living arrangements.
What if one partner denies the relationship was de facto?
Courts look at evidence — financial, social and residential.
Do contributions matter?
Yes. Both financial and non-financial contributions count.
How Resolve helps de facto couples differently
We help clients avoid the “he said / she said” trap by clarifying evidence early and mapping out practical settlement pathways.
FAQs
Does a short relationship count?
Sometimes — especially when there are children or merged finances.
Do de facto partners get spousal maintenance?
Yes, on the same principles as married couples.
Do both names need to be on the house?
No — ownership is not the same as entitlement.
Want to learn more about this process? Book a free 15-minute call with our team by clicking here.