Family Law Services › De Facto Property Settlement
De Facto Property Settlement & Financial Claims After Separation
De facto couples — including same-sex couples — have the same property settlement rights as married couples under the Family Law Act 1975. But there is a 2-year limitation period after separation to apply, and qualifying as a de facto relationship requires meeting specific legal criteria. Get connected with a family lawyer before your window closes.
⚠ De facto property settlement applications must be made within 2 years of the date of separation. Courts rarely grant extensions. Get legal advice now.
What We Help With
De facto financial and property matters — fully covered.
From establishing the date of separation to dividing the asset pool and superannuation — a family lawyer ensures your de facto property entitlements are protected within the 2-year window.
De Facto Property Settlement
Dividing assets, superannuation, and financial resources between de facto partners after separation — by consent orders or contested proceedings in the FCFCOA.
Establishing De Facto Status
Where one party disputes that a de facto relationship existed — gathering evidence of the relationship to satisfy the court and establish your right to make financial claims.
Determining the Separation Date
Establishing and documenting the date of separation — critical for calculating the 2-year limitation period and for valuing the asset pool at the correct point in time.
Superannuation Splitting
De facto partners are entitled to superannuation splitting orders in the same way as married couples — dividing super accumulated during the relationship.
Maintenance for De Facto Partners
Applying for or contesting maintenance for a de facto partner who cannot adequately support themselves after separation — available under the Family Law Act.
Binding Financial Agreements
Entering into a binding financial agreement (BFA) before, during, or after a de facto relationship — setting out how property will be divided if the relationship ends.
What the Law Says
De facto rights under the Family Law Act — what you need to know.
De facto couples have had the same property settlement rights as married couples under federal law since 2009. But the qualifying criteria and time limits are different.
You must qualify as a "de facto couple" under the Family Law Act
Under section 4AA of the Family Law Act, a de facto relationship exists when two people who are not married to each other live together on a genuine domestic basis. The court considers the duration of the relationship, whether it was sexual, the degree of financial dependence, property ownership, registration of the relationship, care of children, and public aspects of the relationship. A relationship of less than 2 years may still qualify if there is a child or substantial contributions were made.
The 2-year limitation period is strictly enforced
Under section 44(5) of the Family Law Act, de facto partners must apply for property settlement or maintenance orders within 2 years of the date of separation. After this, the court's leave is required — and is only granted where hardship would result from refusing, and there is a prima facie case. Many de facto partners discover this deadline too late. Early legal advice after separation is critical.
The same four-step property division process applies
The court divides de facto property using the same four-step process as for married couples — identifying the asset pool, assessing contributions (financial and non-financial), considering future needs under section 90SF, and asking whether the outcome is just and equitable. There is no presumption of equal division. Length of relationship, assets brought in, and caring responsibilities all affect the outcome.
Same-sex de facto couples have the same rights
Since the 2009 amendments to the Family Law Act, same-sex de facto couples have had identical property settlement and maintenance rights to heterosexual de facto couples and married couples. A registered relationship (such as a civil partnership) also satisfies the de facto relationship requirement in most states — meaning registration creates additional evidence of the relationship's existence and duration.
WA de facto couples are covered by state law, not federal
Western Australia has its own de facto property legislation under the Family Court Act 1997 (WA) — de facto couples in WA apply to the Family Court of Western Australia rather than the FCFCOA. The substantive rules are similar but the procedural requirements differ. Importantly, WA de facto couples have a 2-year limitation period from the date of separation, consistent with the federal regime.
Informal property arrangements are not legally binding
Many de facto couples divide property informally after separation — through verbal agreements, sale of a shared home, or one partner moving out. These informal arrangements are not binding. Either party can later apply to the court for property orders within the 2-year period, regardless of what was agreed informally. The only way to achieve finality is through consent orders or a binding financial agreement executed with independent legal advice.
How It Works
One request. The right de facto property lawyer.
Describe your situation — length of relationship, type of assets, date of separation, and any urgency around the 2-year deadline. A family lawyer will follow up for a free assessment.
Submit Your RequestDescribe your de facto situation
Include the length of the relationship, the date of separation, the type and approximate value of assets, and whether the other party agrees on the property division.
Matched to a family lawyer
Your request is matched to a family lawyer experienced in de facto property settlement — including cases where de facto status is disputed or the 2-year deadline is imminent.
Free assessment arranged
A family lawyer contacts you for a free assessment of your entitlements, the 2-year limitation period, and the best approach for your situation.
Common Questions
De facto property settlement — frequently asked questions.
How long do you have to live together to be considered de facto in Australia?
Generally, 2 years of living together on a genuine domestic basis — but a shorter relationship can qualify if there is a child of the relationship, or if one partner made substantial financial or non-financial contributions. There is no hard rule — the court assesses the totality of the relationship against the section 4AA criteria.
Do de facto partners have the same rights as married couples in a property settlement?
Yes — since 2009, qualifying de facto couples (including same-sex couples) have the same property settlement and maintenance rights as married couples under the Family Law Act. The same four-step division process applies, and superannuation can be split. The main differences are the 2-year limitation period (versus 12 months for married couples after divorce) and the need to first establish de facto status.
What if my ex disputes that we were in a de facto relationship?
You may need to prove the de facto relationship existed before the court will hear your property claim. Evidence of shared finances, joint property ownership, living arrangements, shared social life, care of children, and statutory declarations from witnesses are all relevant. A family lawyer can help you gather and present the evidence needed to establish de facto status.
We split up 18 months ago and haven't sorted out property — is it too late?
Not yet — but you need to act quickly. You have 2 years from the date of separation to apply. With 18 months elapsed, you have approximately 6 months remaining. Getting legal advice now gives you time to negotiate and finalise a consent order before the deadline. Missing the 2-year window requires court leave — which is difficult to obtain.