Understanding Your Legal Rights and Responsibilities

In Australia, the law recognises different types of relationships—and each one comes with its own set of rights and responsibilities. Whether you’re married, in a de facto relationship, or separating, it’s important to know where you stand legally.

Marriage

Marriage is a legal partnership between two people. In Australia:

• Marriage is available to all couples, regardless of gender

• You must be at least 18 years old (some exceptions apply)

• You need to freely agree to marry and follow the legal process

Marriage gives both people certain legal rights—like shared property, financial support, and responsibilities for children (if you have them).

De Facto Relationships

You don’t have to be married to have legal rights.

A de facto relationship is when two people live together as a couple—without being legally married. This includes same-sex and opposite-sex couples.

In most cases, if you’ve been living together for at least 2 years, or have a child together, you’ll have similar legal rights as a married couple when it comes to:

• Property settlement

• Superannuation splitting

• Spousal maintenance

Separation and Divorce

When a relationship ends, there are steps you may need to take to finalise things legally.

If you’re married, you’ll need to apply for a divorce if you want to officially end the marriage. You must be separated for at least 12 months before applying.

If you’re in a de facto relationship, you don’t need to get a divorce—but you may still need to sort out property and parenting issues.

Same-Sex Relationships

Same-sex relationships are fully recognised under Australian law. You have the same rights and responsibilities as any other couple—whether you’re married or in a de facto relationship.

Prenups and Financial Agreements

Couples can make legal agreements—before, during, or after a relationship—to protect assets or agree on what happens if they separate.

These are known as Binding Financial Agreements and can help reduce conflict later.

Why This Matters

Understanding your relationship status isn’t just about labels—it affects your legal rights with:

• Property and finances

• Children and parenting

• Inheritance, superannuation, and more

At Aussie Divorce, we make the legal side of relationships easy to understand—so you can move forward with confidence.