When a Relationship Ends

A relationship breakdown is never easy. Whether you were married, in a de facto relationship, or in a same-sex relationship, the law in Australia sets out how issues like property, children, and financial support are handled.

Understanding the basics can help you make clearer decisions during a stressful time.

Marriage Breakdown

If you’re married, you need to apply for a divorce to legally end the marriage.
Key points:

• You must be separated for at least 12 months before filing.

• Separation can happen even if you are still living under the same roof, as long as you’re no longer living as a couple.

• Divorce is a separate process to property settlements and parenting arrangements.

Example: Jane and Peter separated in March 2023 but continued living in the same house. They could still apply for divorce in March 2024 if they can show the Court they were truly separated.

De Facto Relationship Breakdown

A de facto relationship is when two people (including same-sex couples) live together as a couple but aren’t married.
Under Australian family law:

• De facto couples have almost the same rights as married couples when it comes to property and children.

• To make a claim in Court, you usually need to have lived together for at least two years.

• Shorter relationships may still qualify if there’s a child of the relationship, or one partner made significant financial or non-financial contributions.

Example: Sam and Alex lived together for 18 months and had a baby. Even though they didn’t reach the two-year mark, Sam can still apply for property and parenting orders.

Same-Sex Relationship Breakdown

Since 2017, same-sex marriage has been legal in Australia, and same-sex couples also have the same rights under de facto laws.
That means:

• If you’re married, you follow the same divorce rules as opposite-sex couples.

• If you’re de facto, you follow the same criteria around length of relationship, children, and contributions.

Example: Chris and Daniel were married in 2018 and separated in 2024. They must follow the same 12-month separation rule before applying for divorce.

Children After Separation

The law focuses on what is in the best interests of the child.

• Both parents usually keep shared parental responsibility, even if they separate.

• Parenting arrangements can be agreed privately, through mediation, or by Court orders.

Property and Money

Whether you were married or in a de facto relationship, the Court looks at:

1. What each person brought in (assets, savings, property).

2. Contributions during the relationship (financial, caring for kids, homemaking).

3. Future needs (income, health, ability to earn).

Settlements can be done by agreement, through mediation, or by Court if necessary.

Key Takeaways

• Marriage: Divorce after 12 months separation.

• De facto: Similar rights to married couples, usually after 2 years (exceptions apply).

• Same-sex couples: Same rights under both marriage and de facto law.

• Children & property: Always decided separately to divorce.