What counts as a de facto relationship?
You're generally considered de facto if you've lived together on a genuine domestic basis. Courts look at factors including the length of the relationship, whether you lived together, financial interdependence, a shared residence, and whether you have children together. Same-sex relationships are treated identically.
Do de facto partners have the same rights as married couples?
Largely, yes. When a qualifying de facto relationship ends, partners can seek property settlements, superannuation splits and spousal maintenance — much like divorcing couples. The main differences are in time limits and the threshold of proving the relationship existed.
Time limit: two years
De facto partners generally have two years from separation to apply for property or maintenance orders. Mediation is the fastest way to reach a binding agreement within that window. See property settlement →
Why mediation suits de facto disputes
De facto separations often involve disentangling finances that were never formally combined, which can get contentious fast. Mediation provides the neutral structure to sort it out fairly — and avoids the added cost of first proving the relationship's existence in court. A financial agreement can also protect both partners.