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De Facto Relationships
Understanding Your Rights in a De Facto Relationship
In Australia, de facto couples have the same legal rights as married couples when separating. If you are ending a de facto relationship, it’s crucial to understand your entitlements and obligations. Our experienced Gold Coast family lawyers are here to guide you through the legal process, ensuring your rights are protected and your future is secure.
What Is a De Facto Relationship?
Under the Family Law Act 1975, a de facto relationship exists when two people (of any gender) are in a genuine domestic partnership. You don’t need to be married, and a de facto relationship can even exist if one partner is legally married to someone else or in another de facto relationship.
The Court considers several factors when determining whether a de facto relationship exists, including:
- Duration of the relationship
- Living arrangements – Whether you shared a home
- Financial dependence or support – Joint bank accounts, shared expenses
- Property ownership and acquisition – Whether you own assets together
- A sexual relationship – If one exists
- Care of children – Biological or step-children
- Mutual commitment to a shared life – Plans for the future
- Public perception – How others view your relationship
- Whether the relationship was registered in your state or territory
If you’re unsure whether your relationship qualifies as de facto, our legal team can assess your situation and provide clarity.
De Facto Separation: Your Legal Rights
Like married couples, de facto partners should formally divide their assets upon separation to sever financial ties. You may be entitled to a property settlement and, in some cases, spousal maintenance.
You can apply for a property settlement if:
- Your relationship lasted at least two years
- You have a child together
- You made significant financial or non-financial contributions to the relationship, making it unfair not to adjust property interests
- Your de facto relationship was registered under state law
⚠️ Time Limit: De facto partners must finalise property settlements within two years of separation. After this period, you will need permission from the Court to make a claim.
How to Finalise a De Facto Property Settlement
The division of your property, assets, and financial resources can be legally formalised in one of two ways:
- Consent Orders – A legally binding agreement approved by the Family Court
- Binding Financial Agreement (BFA) – A private contract between both parties
Finalising your financial matters promptly can prevent future disputes and ensure a clean financial break. Our team can help you draft and negotiate legally sound agreements that protect your interests.
Need Legal Advice About Your De Facto Separation?
Separating from a de facto partner can be complex, but you don’t have to navigate it alone. Our Gold Coast family law team offers expert, compassionate, and practical legal guidance to ensure you receive a fair outcome.
Contact Robbins Watson Solicitors today to schedule a free initial consultation with one of our experienced family lawyers.
To book an appointment, you can:
- Call us on 07 5576 9999
- Book an appointment online by clicking here
- Fill out our online enquiry form by clicking here
Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.
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Frequently Asked Questions (FAQs)
When is a relationship considered de facto in Queensland?
A couple is in a de facto relationship if they live together as a couple on a genuine domestic basis. To make a property or maintenance claim under the Family Law Act, the relationship must generally have lasted at least two years, unless there is a child of the relationship, a partner made substantial contributions, or the relationship was registered.
Do de facto couples have the same property rights as married couples?
Under the Family Law Act, de facto partners have similar rights to married couples when it comes to property settlements, spousal maintenance and superannuation splitting.
Can de facto partners claim spousal maintenance?
Yes, a partner who cannot adequately support themselves may claim maintenance from the other partner if the other has the capacity to pay and the relationship meets the legal definition.
How are assets divided at the end of a de facto relationship?
Property is divided according to what is just and equitable, taking into account contributions and future needs, and may be finalised by consent orders or court proceedings.
How can de facto partners protect their assets?
They can enter into binding financial agreements before, during or after the relationship to determine how property will be dealt with in the event of separation.