De Facto Separation Entitlements in Australia
Understand your legal entitlements when ending a de facto relationship in Australia, and the time limits that apply.
What are you entitled to in a de facto relationship?
Entitlements vary by circumstance. Parties may receive a share based on contributions made before or during the relationship, plus consideration of future needs. Courts examine both financial and non-financial contributions when dividing the property pool.
What constitutes a de facto relationship?
Section 4AA of the Family Law Act sets out the factors courts consider: duration of cohabitation, the nature of the shared residence, whether a sexual relationship existed, financial dependence or support, property ownership and use, mutual commitment to a shared life, children, and public representation as a couple.
Gateway requirements for court orders
Under section 90SB, courts can intervene if: the relationship lasted at least 2 years; a child exists from the relationship; the relationship was registered under state or territory law; or substantial contributions were made and failing to act would cause serious injustice.
Critical time limits
You have until two years after the de facto relationship ended to finalise your de facto property or maintenance issues.
Protecting yourself
We recommend binding financial agreements to protect pre-relationship assets and set out clear property division terms in the event of separation.