De Facto Relationship Rights in Australia: Property and Financial Entitlements

What Is a De Facto Relationship?

Under the Family Law Act 1975, a de facto couple is two persons (same or opposite sex) who are not married but live together in a genuine domestic relationship. Courts consider: how long you lived together, financial interdependence, shared property, care of children, and how the relationship was presented publicly.

When Federal De Facto Property Rights Apply

Federal property rights apply if at least one of the following is true:

• The relationship lasted at least 2 years, or
• There is a child of the relationship, or
• One party made substantial contributions and serious injustice would result without an order

If the threshold is met, the property division rules are essentially the same as for married couples.

Property Division

The Federal Circuit and Family Court applies the same four-step process as for married couples:

1. Identify and value the asset pool
2. Assess contributions (financial and non-financial)
3. Consider future needs
4. Determine what is just and equitable

Non-financial contributions — raising children, homemaking — are weighted equally to financial ones.

Time Limit

Applications must be made within 2 years of the end of the de facto relationship. After 2 years, you need leave of the court. This limit is strictly applied.

Superannuation

De facto partners can split superannuation on the same basis as married couples under the Family Law Act.

Western Australia

WA has its own de facto legislation (Family Court Act 1997 (WA)) which operates separately from the federal scheme.

Key Points

• De facto property rights apply after 2 years together, or if there is a child or substantial contributions
• The same property division rules apply as for married couples
• Non-financial contributions count equally to financial ones
• Apply within 2 years of separation — strict time limit
• WA has its own separate de facto scheme