Not married? You may still have the same legal rights as a married couple when it comes to dividing property—if you were in a de facto relationship.

Under Australian family law, de facto partners can apply for a property settlement when the relationship ends. The rules are almost identical to those for married couples, but there are some key things to understand.

This page explains how it works in plain English.

What Is a De Facto Relationship?

A de facto relationship is when two people live together as a couple—without being legally married.

It applies to:

• Heterosexual or same-sex couples

• Relationships where you shared a home and life

• Couples who lived together for at least 2 years

• Or less than 2 years if you had a child together or made big financial contributions

Example:

Sam and Jordan were together for 3 years and lived in a shared apartment. They never married, but owned a car together and had a joint account. When they split, Sam wanted their savings and part of the car’s value. Because they met the de facto criteria, Sam could apply for a property settlement.

Do De Facto Partners Have the Same Rights as Married Couples?

Mostly—yes.

You can apply to:

• Divide property

• Split superannuation

• Ask for spousal maintenance (in some cases)

You’ll use the same four-step process the Family Court uses for married couples:

1. What’s in the property pool?

2. What did each of you contribute?

3. What are your future needs?

4. Is the result fair?

Time Limits Apply

This is important: You only have 2 years from the date of separation to apply for a property settlement or spousal maintenance if you were in a de facto relationship.

If you wait longer, you’ll need special permission from the Court.

What Proof Do You Need?

To make a claim, you may need to show:

• Shared bills, leases, or bank accounts

• Proof you lived together

• Statements from friends or family

• Evidence of a shared life (like holidays, joint purchases, pets)

You don’t need to have kids or a formal agreement—but having proof you were a couple helps.

Can You Settle Out of Court?

Yes. Most de facto property settlements are sorted privately or through mediation. You can:

• Make a Binding Financial Agreement

• Apply for Consent Orders (no court hearing needed)

Going to court is a last resort—and rarely needed.

Final Thought

Being unmarried doesn’t mean being unprotected. De facto partners have strong rights under Australian law when it comes to dividing property.

At Aussie Divorce, we explain how the law applies to de facto relationships in plain English—so you know where you stand, and what to do next.