What counts as a de facto relationship under Australian law?
You are generally in a de facto relationship if you live with another person on a genuine domestic basis, but are not married to them. Under the Family Law Act 1975, a court determines whether a de facto relationship exists by weighing:
- The duration of the relationship
- Whether you lived together and for how long
- The nature and degree of financial dependence or interdependence
- Whether you owned property together
- The degree of commitment to a shared life
- Whether you have children together
- Whether the relationship was registered under a state or territory law
Same-sex de facto relationships have exactly the same status under Australian federal family law. A minimum period of two years together is generally required to access property rights under the Family Law Act, unless there is a child of the relationship or a party has made significant contributions.
De facto vs married — what's actually different?
| De facto partners | Married couples | |
|---|---|---|
| Access to property settlement | Yes — if relationship qualifies | Yes |
| Superannuation splitting | Yes | Yes |
| Spousal maintenance | Yes | Yes |
| Time limit to claim | 2 years from separation | 12 months from divorce order |
| Need to prove relationship | Yes — if disputed | No — marriage certificate is proof |
| Parenting orders | Yes — same as married | Yes |
The two-year time limit for de facto property claims is the most important practical difference — it runs from the date of separation, not from any court order. Missing it can mean losing the right to a settlement entirely.
Property settlement for de facto couples
The same four-step framework used for married couples applies: identify the asset pool, assess contributions (financial and non-financial), consider future needs, and check the outcome is just and equitable. De facto separations often involve untangling finances that were never formally combined — joint accounts, a home owned by one but paid for together, businesses built during the relationship — which can generate real disagreement about what's in the pool and what each party contributed.
Mediation resolves this without the cost of first proving the relationship's existence in contested court proceedings — because both parties attending mediation are implicitly acknowledging the relationship. See property settlement mediation →
What if one partner disputes that a de facto relationship existed?
It happens. If the other party claims there was no qualifying relationship, the matter may need to be determined by a court before property rights can be established. Mediation can still help — sometimes an honest conversation with a mediator resolves the dispute about the relationship's nature before it escalates to litigation. Where court proceedings are unavoidable, the property mediation can follow once the relationship question is settled.
Protecting your assets before or during a relationship
If you want to protect pre-relationship assets or clarify financial arrangements before they become complicated, a binding financial agreement (de facto BFA) can be made before, during or after the relationship. It's significantly cheaper to negotiate one now than to fight over assets later.
De facto parenting arrangements
Parenting rights and responsibilities are identical for de facto and married couples — the law focuses on the children, not the parents' relationship status. If you have children and can't agree on arrangements, the same requirement to attempt family dispute resolution before applying to court applies. See parenting plan mediation →
How long does de facto mediation take, and what does it cost?
Most de facto property matters resolve in one or two mediation sessions over a few weeks — far faster than a contested court case, which can run for years and cost tens of thousands in legal fees for each party. Mediation is fixed-fee and typically shared, so you know what you're committing to before you start. See our fee structure →