De-Facto Relationships

Under Australian law, the end of a de facto relationship carries the same financial gravity as a divorce. Your property, your superannuation, and your eligibility for financial support are all subject to legal determination. Coleman Greig’s de facto relationship lawyers are committed to guiding clients through this delicate process with absolute precision. Our approach is direct and pragmatic: to protect what you’ve built, clarify your entitlements, and finalise your separation with the strength your situation demands.

What Is a De Facto Relationship Under Australian Law?

Understanding whether your relationship meets the legal definition is an important first step. It determines your eligibility to make a claim or your exposure to having one made against you. The Family Law Act 1975 defines it as two people living together on a ‘genuine domestic basis’, applying equally to opposite-sex and same-sex couples.

The court looks beyond any single factor, assessing the whole picture of your relationship. Key indicators include:

• Duration & Family: The length of your relationship (typically two years or more) or if you have a child together.
• Living Arrangements: The nature of your shared residence and the existence of a sexual relationship.
• Finances & Property: The degree of financial interdependence and how property was acquired or used.
• Commitment & Perception: A mutual commitment to a shared life and how your relationship was seen by family and friends.

The court assesses these factors holistically to determine how de facto relationships are viewed under Australian law. Our role is to provide a clear, confidential assessment of your specific circumstances, so you know exactly where you stand.

Your Rights and Legal Entitlements in a De Facto Relationship

This is a critical point many people are unaware of: once your relationship is legally recognised as de facto, you gain similar rights and entitlements to those of a married couple. These can include claims for:

• Property Settlement: The division of all assets and liabilities, whether held jointly or individually.
• Superannuation Splitting: The division of superannuation interests accumulated during the relationship.
• Spousal Maintenance: Financial support from a former partner where a need is established.

Be aware: strict time limits apply. You have just two years from the date of separation to apply to the court for property or spousal maintenance orders. Seeking timely legal advice is essential if you wish to protect your position.

What Happens When a De Facto Relationship Breaks Down?

The end of a relationship brings both emotional and legal complexity. Importantly, legislative changes in 2009 mean the Family Court now handles de facto separations with the same legal framework as married couples, providing a consistent approach to fairness.

We provide comprehensive advice and representation across all post-separation matters, including:

• Property Division: Completing the four-step process to identify, value, and achieve a just and equitable division of your asset pool.
• Parenting Plans: Negotiating practical, child-focused arrangements for parental responsibility and the time children spend with each parent.
• Financial Support (Spousal Maintenance): Advising on your eligibility to receive, or obligation to pay, spousal maintenance based on need and capacity.

Each of these areas demand careful thought and consideration, which raises the question of when to engage professional help.

Do You Need a De Facto Relationship Lawyer?

Engaging a lawyer is about managing risk. The laws are intricate, and attempting to manage a separation without specialist guidance can result in unfair outcomes, overlooked entitlements, and costly future disputes.

You should speak to a de facto relationship lawyer if:

• You are separating and need to divide your property and finances.
• You cannot reach an agreement on arrangements for your children.
• You are starting a new relationship and have significant personal or business assets to protect.
• You want to formalise a settlement to make sure it is final and prevents future claims.

A correctly drafted agreement provides the legal finality necessary to move on with your life. Our lawyers will make sure all documentation is robust, enforceable, and tailored to secure your interests.

Can You Protect Your Assets Before Entering a De Facto Relationship?

Yes. A Binding Financial Agreement (BFA) is a powerful planning tool that provides certainty for both partners. This private contract sets out exactly how your assets and liabilities will be divided if your relationship ends, minimising the potential for conflict and costly litigation down the track.

A BFA can be made before, during, or after a de facto relationship. For it to be enforceable, it is a legal requirement that both parties receive independent legal advice before signing. This ensures the agreement is fair, fully understood, and capable of withstanding future legal challenges.

Secure your assets with a Binding Financial Agreement

Family Court & De Facto Relationships: What You Need to Know

If a settlement cannot be reached through negotiation or mediation, an application to the Federal Circuit and Family Court of Australia may be necessary. Unlike married couples, de facto partners may first need to prove to the court that a de facto relationship actually existed in law.

This requires evidence (such as joint bank statements, lease agreements, or testimony from others) which we can help you strategically compile and present. Once the relationship is established, the court applies the same legal principles used in marriage separations to divide property.

Having a lawyer who understands the court’s procedural and evidentiary requirements inside and out is a significant advantage.

Why Choose Coleman Greig’s De Facto Relationship Lawyers?

• Proven Expertise: Decades of focused experience in complex de facto matters, from straightforward settlements to highly contested disputes.
• Commercial Acumen: In-house access to commercial, property, and estate planning specialists, providing a holistic strategy for matters involving business assets or complex financial structures.
• Skilled Negotiation: A pragmatic focus on resolving matters efficiently through mediation and direct negotiation.
• Strategic Litigation: The experience and resolve to represent your interests fearlessly in court when litigation becomes the necessary path to a fair outcome.