De Facto Mediation — same rights, same urgency.
De facto separations carry substantially the same property and financial rights as marriage — but with a strict two-year time limit from separation. Mediation resolves the property division, superannuation, and any maintenance question well inside the window, without court.
Key takeaway
De facto couples in Australia have substantially the same property, superannuation and maintenance rights as married couples — the surprise to many is just how similar they are. The critical difference is the time limit: de facto couples have just two years from separation to apply for a property settlement. Mediation resolves the issues well inside the window, faster and at a fraction of court cost.
What counts as de facto
Under the Family Law Act 1975, a de facto relationship exists where two people live together on a genuine domestic basis without being married. No single factor decides it — courts look at the whole picture: duration, cohabitation, finances, children, public aspects, sexual relationship.
Generally you need to have been together for at least two years, or have a child together, or have made substantial contributions, for the property regime to apply.
The rights you have
This surprises many people: de facto couples have substantially the same rights as married couples for property settlement, superannuation splitting and spousal maintenance. The same four-step framework applies. Being unmarried doesn't mean walking away with only what's in your name.
The two-year time limit
Here's the critical practical difference. De facto couples must generally apply for property settlement or maintenance within two years of separation. There's no divorce step to reset the clock, no extension if you weren't sure when the relationship ended. Miss it and you need the court's permission, which isn't guaranteed.
Treat the two-year clock as already running
Because there's no formal separation step in de facto relationships, the date of separation is often disputed later. Acting promptly removes the question entirely.
The mediation process
- Initial consultation — understanding the relationship, the assets, and the time pressure.
- Disclosure — full financial disclosure between the parties.
- Pre-mediation intake — separately with each party.
- The session — working through the asset pool, contributions, future needs.
- Heads of Agreement — documented while it's fresh.
- Formalisation — consent orders or BFA, inside the two-year window.
Property and super
The same four-step framework applies: identify the asset pool, assess contributions, consider future needs, ensure the result is just and equitable. Superannuation can be split exactly as for married couples. See property settlement mediation →
Parenting where there are children
De facto status makes no difference to parenting law — the same best-interests test applies, and Family Dispute Resolution is required before parenting court applications. See parenting plan mediation →
Making the agreement binding
The mediated agreement is formalised through consent orders (court-approved) or a binding financial agreement (private contract with independent legal advice). Either way, well inside the two-year window. See de facto relationships: complete guide →
Getting started
The first step is a free initial consultation. Given the time limit, the sooner the better.
Questions & answers
De Facto Mediation — frequently asked
Do de facto couples have the same property rights as married couples?+
Substantially, yes — the same Family Law Act framework applies for property settlement, super splitting and spousal maintenance. The main difference is the time limit.
What's the time limit for de facto property claims?+
Generally two years from the date of separation. After that you need the court's permission to apply, which isn't guaranteed.
How is a de facto relationship proved?+
Through evidence of living together, shared finances, the length of the relationship, children, and how the relationship was presented publicly. No single factor is decisive.
Can same-sex de facto couples mediate?+
Yes — same-sex de facto couples have identical rights under Australian family law. See same-sex separation →.
What if we're not sure when we separated?+
Date of separation is sometimes contested in de facto matters. Acting promptly avoids needing to argue it later — mediation can also help agree the date.
Do parenting arrangements differ for de facto parents?+
No — the parenting law is the same regardless of marital status. Best-interests test applies.
Can we mediate if one of us has moved overseas?+
Yes — online mediation works well across borders. The Australian Family Law Act jurisdiction depends on the Australian connection.
Related guides & services
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