The legal framework
The Family Law Act extends its property and maintenance provisions to de facto relationships, including same-sex relationships, where the couple has lived together on a genuine domestic basis for two years, has a child together, or has registered the relationship in a state register. The consequences are close to identical to marriage.
Key points
| Threshold | Two years' cohabitation, a child, registration, or substantial contributions |
|---|---|
| Property | Same statutory framework as for married couples |
| Superannuation | Splittable, as for married couples |
| Maintenance | Available on the same principles |
| Time limit | Two years from the end of the relationship, compared with one year after divorce |
| Registration | State relationship registers provide proof and can shorten the threshold |
| Binding financial agreements | Available before, during or after a de facto relationship |
| Two years | Or less where there is a child or a substantial contribution |
| Same regime as marriage | Property and maintenance are decided under the same principles |
| Two-year deadline | Applications must be filed within two years of separation |
In practice
- If you want to avoid the default regime, sign a binding financial agreement with independent legal advice for each party.
- Registering the relationship simplifies proof for immigration, superannuation and estate purposes.
- Make wills — intestacy rules for de facto partners vary by state.
- Note the two-year limitation period after separation.
- Register the relationship if proving it might later be difficult.
- File within two years of separation; extensions require leave and are not routine.
Cost and coverage
Binding financial agreements are expensive because both parties need separate advice — but far cheaper than litigation.
Recent changes
Australia's approach is among the most comprehensive anywhere: choosing not to marry has little effect on financial consequences.
Where to go
- Federal Circuit and Family Court of Australia.
- State relationship registers.
- Legal aid commissions and community legal centres.
Worth knowing
Many couples assume that not marrying protects their assets. In Australia it does not: after two years, the property regime applies whether or not you ever intended it. De facto couples have essentially the same property rights as married couples, but a much shorter deadline: two years from separation rather than twelve months from divorce.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments