De Facto Relationship Lawyers

When a de facto relationship ends, it is important to understand that you have rights. Under the Family Law Act, de facto couples, whether non-binary, male or female, have the same entitlements as married couples when it comes to property, finances, and arrangements for children.

Depending on the particular circumstances of your relationship, you may be entitled to seek a property settlement, spousal maintenance, and parenting arrangements. Generally, the relationship must have lasted for at least two years, or there must be a child of the relationship, for these rights to apply. Every situation is different, and knowing where you stand early can make a real difference.

When a de facto relationship breaks down, financial matters and parenting arrangements are governed by the Family Law Act 1975 (Cth). Before court proceedings, both parties are required to provide full and frank disclosure of all assets, liabilities, income, superannuation, and financial resources. Lawyers can then negotiate on behalf of each party or parties can negotiate between themselves to reach an agreement out of court. If an agreement cannot be reached, parties may proceed to mediation, conciliation, or arbitration to avoid the time and cost of court.

Where children are involved, parenting arrangements can be formalised through a parenting plan or court-approved consent orders. If a financial agreement still cannot be reached, the court can adjudicate and determine a just and equitable outcome in line with the latest family law property changes that took effect on 10 June 2025.

De facto couples must apply or agree upon a property settlement within two years of separation. At Parker Coles Curtis, our family lawyers guide you through every step, from initial advice through to court representation if required.

A de facto relationship is legally recognised under the Family Law Act provided the couple lived together on a genuine domestic basis for at least two years. Unlike legally married couples, de facto couples do not go through any type of formal divorce proceedings.

Before any property settlement can be made, de facto partners must prove to the court that a qualifying relationship existed. Married couples are not required to do this, as a marriage certificate serves as automatic proof.

Even if the relationship lasted less than two years, it may still be recognised where there is a child of the relationship, where it is registered under state or territory law, or where one partner made significant contributions and serious injustice would result without a court order.

A de facto separation requires prompt action. There is a strict two-year time limit from the date the de facto relationship ends to apply for a property settlement or make a spousal maintenance claim.

Review your financial affairs, including joint bank accounts and assets, to understand the full property pool. Consider parenting arrangements, child support, and whether a binding financial agreement is in place. Experienced de facto relationship lawyers can guide you through the legal process towards a fair settlement.

The most effective way to protect your financial interests is to put a binding financial agreement (BFA) in place under the Family Law Act. A BFA can be entered into before, during, or after a de facto relationship, and sets out clearly how assets, property, and liabilities would be divided if the relationship were to break down.

For a BFA to be legally valid, both parties must obtain independent legal advice before signing. Without one, the court will determine how assets are divided based on each party's contributions and future needs, a process that can be lengthy and uncertain. At Parker Coles Curtis, we can help you put the right protections in place, whatever stage of the relationship you are at.