Many Australians live in long-term relationships without being legally married. These partnerships are known as de facto relationships and are legally recognised under the Family Law Act 1975 (Cth). But when such relationships end, one of the most common and confusing questions is: What are my entitlements?

Understanding de facto relationship break-up entitlements is critical for protecting your financial and legal rights. Having said that, it’s vital to remember that these rights do not apply automatically. You must meet certain legal criteria before the court will consider a claim. This guide explains what a de facto relationship is, how the law views de facto separation, and the de facto relationship rights you may have when it comes to property, superannuation, spousal maintenance and parenting.

What is a de facto relationship?

Legally, a de facto relationship is when two people (opposite or same-sex):

• Live together on a genuine domestic basis
• Are not legally married, and
• Are not related by blood.

The law looks at the nature of the relationship, not just whether you call each other “partners”.

Factors courts consider include:

• How long have you lived together
• Whether you share finances or property
• Whether you present yourselves as a couple in public
• If you have children together
• The degree of commitment to a shared life

Example: A couple living together for three years, sharing rent, joint bank accounts and raising a child would generally be considered in a de facto relationship. By contrast, two people dating casually and occasionally staying overnight are unlikely to qualify.

Important: A de facto relationship does not need to be registered. But registration (available in some states) can help confirm the relationship’s existence.

A de facto relationship can exist even if the couple does not live together full-time due to work or family circumstances, as long as other indicators of a genuine domestic partnership are present.

Same-sex de facto couples have exactly the same rights as opposite-sex de facto couples under Australian law.

What is a de facto separation?

De facto separation occurs when one or both partners decide to end the relationship and no longer live together as a couple. Like divorce, separation does not require court approval, but the consequences can be significant.

• There is no requirement for a formal document to end the relationship.
• You must apply to the court within two years of separation if you want to make property or financial claims.
• If you reconcile briefly (e.g., a trial period of living together again), the law may still treat the earlier date of separation as valid if the relationship truly ended.

Example: A de facto couple separating after six years, where one partner moves out, may trigger claims for property division, even if they never married.

De facto relationship rights in Australia

De facto couples have many of the same rights and responsibilities as married couples when it comes to:

• Property settlements
• Spousal maintenance
• Superannuation splitting
• Parenting arrangements

This means de facto relationship rights extend beyond emotional recognition. They can have serious financial implications if the relationship ends.

There is no automatic 50–50 split of assets. Property must be divided in a way that is “just and equitable” based on contributions and future needs.

De facto couples can also enter into a Binding Financial Agreement, which is similar to a prenuptial agreement and sets out how assets will be divided if the relationship ends.

De facto relationship break-up entitlements

1. Property settlement

When a de facto relationship ends, property settlement follows the same principles as divorce. The court considers:

• Assets and liabilities: Real estate, savings, cars, debts, businesses, superannuation.
• Contributions: Both financial (income, savings, mortgage repayments) and non-financial (homemaking, childcare).
• Future needs: Age, health, ability to earn income and care responsibilities for children.
• Fair division: The outcome must be just and equitable.

Example: One partner may have earned most of the income, but the other provided full-time childcare for three children. Both contributions are weighed equally when dividing property.

You may be able to make a claim even if the relationship lasted less than two years, provided there is a child or substantial contributions were made and serious injustice would occur without a settlement.

2. Superannuation splitting

A superannuation split does not create a cash payout. Instead, a portion of one partner’s super is transferred into the other partner’s super account, based on a court order or a financial agreement. Each person then holds their adjusted balance in their own super fund, with access only under normal super rules.

3. Spousal maintenance

If one partner cannot adequately support themselves after separation, the other may be required to provide financial support. This is separate from child support.

Example: A stay at home parent who has not worked for many years may be entitled to short term spousal maintenance while retraining or seeking employment.

4. Parenting arrangements

De facto couples with children have the same parenting obligations as married couples. The court prioritises:

• The best interests of the child
• Stability and safety in living arrangements
• The child’s right to maintain a meaningful relationship with both parents where it is safe to do so

Example: If a father moves out after a de facto separation, he may still have shared parental responsibility and time arrangements with the children.

When can you make a claim?

To qualify for entitlements after a de facto separation, you usually need to meet one of these conditions:

• The relationship lasted at least two years
• You have a child together
• You registered your relationship under state law
• One partner made significant contributions, financial or otherwise, and would suffer serious injustice without recognition.

Time limits for de facto claims

• You must apply to the Family Court or Federal Circuit Court within two years of the relationship ending.
• Applications made outside this timeframe may not be accepted unless there are exceptional circumstances.

Common misconceptions about de facto rights

• “If we’re not married, I have no rights.” False - de facto partners have many of the same rights as married couples.
• “We lived together for less than two years, so I can’t claim anything.” Not always true. Exceptions apply if you have children or have made substantial contributions.

“Only financial contributions matter.” Incorrect. The court also considers non-financial contributions such as childcare and homemaking.

Conclusion: Know your rights and entitlements

For many Australians, living in a de facto relationship feels no different from marriage. But when it comes to break-ups, knowing your de facto relationship rights is essential. Whether it is property division, spousal maintenance or parenting arrangements, the law provides protection. But only if you act within the time limits.

With Bark, you can connect with trusted Australian family lawyers who understand the complexities of de facto separation and can help you navigate your de facto relationship break-up entitlements with confidence and care.