Your Legal Rights and What to Do Next

Breaking up is never easy—especially when you’ve shared a life, a home, or even children. In Australia, ending a de facto relationship is treated seriously under family law. Even if you were never married, you may have legal rights and responsibilities when the relationship ends.

This page explains what a de facto relationship is, what happens when it ends, and how the law deals with children, property, and finances.

What Is a De Facto Relationship?

A de facto relationship is when two people live together as a couple, but aren’t married. This includes both opposite-sex and same-sex couples.

The law recognises your relationship as de facto if:

• You’ve lived together for 2 years or more, or

• You have a child together, or

• You made significant financial or personal contributions during the relationship

You don’t need to register your relationship for the law to apply. It’s about how you lived together and whether the relationship was genuine and long-term.

What Counts as Separation?

Separation means one or both people have decided to end the relationship.

You can be separated even if:

• You still live in the same house (this is called “separation under one roof”

• The other person doesn’t agree to the breakup

You just need to show that the relationship has ended, and that you’re living separate lives.

Example

Tina and Rachel lived together for three years and shared bills, holidays, and pets. When they separated, Rachel moved into the spare room. They no longer shared meals or made joint plans. Legally, they were separated—even though they still lived in the same house.

What Do You Need to Prove?

If you’re applying to the Family Court for a property settlement or financial orders, you may need to show evidence that:

• You were in a genuine de facto relationship

• The relationship has ended

• You lived together for 2 years, or have a child, or made significant contributions

Evidence can include:

• Lease or mortgage documents in both names

• Joint bank accounts or bills

• Statements from friends or family

• Photos or communication history

What If You Have Children?

If you have children together, the law treats your case the same way as if you were married. You’ll need to work out:

• Where the children live

• How much time they spend with each parent

• Decisions about health, schooling, and activities

You don’t have to go to court—many people agree on a parenting plan through mediation.

If you can’t agree, the Court will decide based on what’s best for the child.

What Happens with Property?

You and your ex will need to divide:

• The home (if owned)

• Furniture and belongings

• Superannuation

• Debts

• Any business interests or investments

If you can agree, you can create a Binding Financial Agreement or get Consent Orders from the Court to make it official.

If you can’t agree, you can apply to the Court to divide assets fairly. The Court looks at:

• What each person contributed (money, parenting, home duties)

• Future needs (age, health, income)

• Whether children are involved

Example

Mark and Elly lived together for four years. Mark worked full-time, and Elly cared for their daughter and managed the home. When they separated, Elly applied to the Court for a share of the property—even though her name wasn’t on the title. The Court considered her unpaid contributions and her role as a parent in dividing their assets.

Time Limits

You have 2 years from the date of separation to apply to the Court for:

• Property settlement

• Spousal maintenance

After that, you’ll need special permission to proceed—so don’t delay.

Moving Forward

Ending a de facto relationship can be just as complex as a divorce. The law gives you rights—but also timelines and responsibilities.

At Aussie Divorce, we help you understand the process in plain English, so you can protect your future and make informed decisions.