De facto separation lawyers
If you were not married, family law still applies. De facto couples generally have the same rights to a property settlement and parenting arrangements as married couples, with some important differences in the rules and time limits.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Ending a de facto relationship can feel less clear-cut than a divorce. There is no certificate to file and no formal end date, but the decisions that follow matter just as much.
We help you work out whether the Family Law Act applies to your relationship, what you are entitled to, and how to resolve property, superannuation and parenting arrangements.
De facto relationships include same-sex and opposite-sex couples, and the law looks at how you actually lived together rather than any label.
Clear answers to the first questions
The most common early questions are whether the relationship qualifies, when it started and when it ended. Those answers shape everything that follows, including the time limit to apply.
We give you a clear view of your position from the first conversation, then help you resolve property and parenting arrangements in the same way as for any separation.
Separation and divorceHow we can assist
Whether your relationship was short or long, recently ended or ended some time ago, we help you understand your position and act within time.
Whether the law applies
Advice on whether your relationship meets the requirements of the Family Law Act.
Learn moreSeparation date disputes
Establishing when the relationship began and ended, which can affect time limits and the asset pool.
Parenting arrangements
Arrangements for your children, which apply in the same way whether or not you were married.
Learn moreSpousal maintenance
Advice on whether financial support may be payable after a de facto relationship ends.
Learn moreFinancial agreements
Binding financial agreements for de facto couples, before, during or after the relationship.
Learn moreOut-of-time applications
Seeking the Court’s permission where the two-year time limit has passed.
Different rules apply in Western Australia, which has its own family court. We advise clients in Queensland, New South Wales, the Australian Capital Territory and Victoria.
How the law decides if it applies
For property and maintenance claims, the Court must first be satisfied that a de facto relationship existed and that one of the following applies.
Call 1300 739 954You lived together for at least two years
The total period of the relationship, which can include breaks, adds up to at least two years.
Or you have a child together
A child of the relationship is enough, regardless of how long you were together.
Or the relationship was registered
The relationship was registered under a state or territory relationship register.
Or there were substantial contributions
One of you made substantial contributions, and it would be a serious injustice not to make an order.
And the geographic requirements are met
Generally, at least one of you must have been ordinarily resident in a participating state or territory, with a connection to that jurisdiction during the relationship.
Then apply within two years
Applications for property settlement or maintenance must generally be made within two years of separation.
“What makes Suvarna truly exceptional is not just her legal expertise, but the humanity, conviction and genuine care she brings to those she represents.”
Separating from a de facto partner?
Understand your rights and the time limits that apply.
What the Court looks at
There is no single test for whether a de facto relationship existed. The Court looks at the relationship as a whole.
How you lived
How long you lived together, whether you shared a home and how you presented to family and friends.
Your finances
Financial dependence or interdependence, joint accounts, shared property and how you supported each other.
Commitment
The degree of mutual commitment to a shared life, including caring for children together.
Common questions about de facto separation
Does family law apply if we were not married?
Usually, yes. Most de facto couples have the same rights to a property settlement and spousal maintenance as married couples, provided the relationship meets the requirements of the Family Law Act. Parenting arrangements apply in the same way regardless.
How long do we need to have lived together?
Generally at least two years in total. A shorter relationship can still qualify if you have a child together, registered the relationship, or one of you made substantial contributions and it would be a serious injustice not to make an order.
What is the time limit for a property claim?
Generally two years from the date of separation. After that, you need the Court’s permission, which is not guaranteed, so get advice early.
Do same-sex couples have the same rights?
Yes. The Family Law Act applies to same-sex and opposite-sex de facto relationships in the same way.
What if we disagree about when we separated?
This is common, and it can affect the time limit and the asset pool. The Court looks at evidence such as living arrangements, finances and communications. We can help you gather it.
Do we need to get divorced?
No. Divorce only applies to marriages. A de facto relationship ends when you separate, though you may still need to formalise property and parenting arrangements.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Know where you stand.
Whether you have just separated or are close to a time limit, we invite you to start with a confidential conversation about your relationship and your options.
