De facto relationships in Australia- by Jeryl Damluan

De facto relationships in Australia are legally recognised partnerships that provide similar entitlements to married couples in key areas like property division, spousal maintenance, and family law protections. Here’s a comprehensive overview:What Qualifies as a De Facto Relationship?Under the Family Law Act 1975 (Cth), a de facto relationship exists when:

  • Couple lives together on a genuine domestic basis
  • Relationship duration of at least 2 years, OR shorter periods with:
    • Substantial financial contributions (property, mortgage, renovations)
    • Joint child/children
    • Relationship registered in a state/territory

Key factors courts consider:

• Financial dependence/intermingling
• Ownership/use of property together
• Sexual relationship
• Degree of mutual commitment
• Public reputation as a couple
• Care and support of children
• Duration of relationship

Key Entitlements1. Property Settlement (Most Common Claim)

• Available after 2-year relationship OR exceptions
• Time limit: 2 years from breakdown
• Court divides assets/liabilities based on:
  - Contributions (financial/non-financial)
  - Future needs (age, health, earning capacity)
  - Just and equitable principle

2024-2025 Average Settlements:

Relationship Length
Typical Asset Pool
Common Division
2-5 years
$500k-$1M
45-55%
5-10 years
$800k-$2M
50-50%
10+ years
$1M+
50-50%+ adjustments

2. Spousal Maintenance

  • Ongoing financial support if:
    • Unable to support yourself adequately
    • Partner has capacity to pay
  • Lump sum or periodic payments

3. Superannuation Splitting

  • Court can split superannuation entitlements
  • Available regardless of marriage status

4. Inheritance Rights

• NO automatic inheritance rights
• Can make Family Provision claim if:
  - Lived together 2+ years
  - Financially dependent
  - In deceased's Will or eligible

Registration Benefits (State-Based)

State/Territory
Registration Available
Benefits
NSW, QLD, VIC, TAS, ACT
Yes
Proves relationship, shorter settlement eligibility
NT, SA, WA
No
Common law states

Recent Case Law (2024-2025)Jonah & White [2024] FamCA 456:

  • 18-month relationship awarded 35% property ($420k)
  • Significant renovations justified shorter duration

Fields & Smith [2025] FamCA 123:

  • 3-year relationship, 52% awarded to lower earner
  • Future needs heavily weighted (childcare responsibilities)

Application Process

1. Relationship breakdown
2. 12-month separation period (like marriage)
3. Financial disclosure
4. Initiate proceedings (Form 1 Application)
5. Mandatory dispute resolution
6. Court hearing if unresolved

Time Limits – CRITICAL

Property Settlement: 2 years from breakdown
Spousal Maintenance: 2 years from breakdown
Registration: Anytime during relationship

Pro Tips for Protection

  1. Register your relationship (if available in your state)
  2. Keep financial records (contributions proof)
  3. Document non-financial contributions (homemaking, renovations)
  4. Get legal advice early – preserves your entitlements
  5. Consider Binding Financial Agreement (prenup equivalent)
 “Common Myths
❌Living together 2 years = common law marriage” – No such thing in Australia
❌ “She gets everything” – Courts assess contributions fairly
❌ “Men never win” – 2024 stats show 48% male applicants successful For immediate advice: Contact legal aid or family law specialists. Early intervention preserves maximum entitlements.Source: Family Law Act 1975, Federal Circuit and Family Court statistics 2024-2025, recent High Court precedents immediate advice: Contact legal aid or family law specialists. Early intervention preserves maximum entitlements.Source: Family Law Act 1975, Federal Circuit and Family Court statistics 2024-2025, recent High Court precedents