A de facto relationship in Australia is defined as two people, regardless of gender, living together in a domestic partnership without being legally married. In 2021, 14.3% of Australians were in this type of relationship, up from 8.9% in 2001—a trend that highlights its increasing popularity.
Whether you’re considering entering into a de facto relationship or facing separation, understanding this status can significantly impact property settlements, child custody, and financial matters. After all, de facto relationships grant couples many of the same legal rights and responsibilities as spouses in a marriage.
At BDN Lawyers, we have decades of experience in helping de facto partners navigate Family Law matters. Here, we explain everything you need to know about this partnership, including its criteria, how to register, entitlements after separation, time limits and more.
Please note that this article is intended for general educational purposes only and should not be considered as personal legal advice. For support with your case, please contact our lawyers for a consultation.
What is a de facto relationship?
In Australia, a de facto relationship is legally recognised when two individuals live together in a genuine domestic arrangement outside of marriage. This means they behave similarly to a married couple, including aspects such as finances, living arrangements, and social recognition.
Therefore, it’s more than just living together—it is about sharing a life in a way that mirrors a marriage. It involves emotional and financial interdependence, a mutual commitment to a future together, and a relationship that is acknowledged both socially and legally.
Who can be in a de facto relationship in Australia?
A de facto couple can be two people of any gender in a committed relationship who have lived together for at least two years or share a child. Both partners must be over 18 years old. Unlike marriage, there is no formal ceremony required.
Importantly, there is no single defining factor—rather, the overall nature of the relationship is considered. Under Section 4AA of the Family Law Act 1975, several factors determine whether a de facto relationship in Australia exists, including:
- The length of the relationship
- Whether the couple has a genuine domestic basis
- Public aspects of the relationship, such as how they present themselves
- Financial interdependence
- If the couple has children together
- Whether they live together permanently
For example, Sarah and James have been living together for three years, share joint bank accounts, and are known to family and friends as a committed couple. Even though they haven’t registered their relationship, they meet the legal criteria for a de facto relationship.
On the other hand, if a couple maintains separate finances, does not cohabit full-time, and presents themselves as independent individuals, they may not qualify under Australian law.
How to register a de facto relationship in Australia
In Australia, registering a de facto relationship is an optional legal step that provides formal recognition of the partnership. This official step can simplify legal matters such as property settlements, financial entitlements, and visa applications.
While not all states offer registration, those that do include NSW, the ACT, Victoria, Queensland and Tasmania.
Considering this pathway?
Each jurisdiction has slightly different processes and requirements. Keep reading for a general overview of the registration process.
1. Confirm eligibility
To be eligible, both partners must be at least 18 years old, not married to each other or anyone else, not related by family, and must consider themselves to be in a committed relationship.
Residency requirements also apply—at least one partner must live in the state or territory in which they are registering.
2. Prepare and submit an application
An application for a de facto relationship in Australia must be lodged with the Registry of Births, Deaths & Marriages of the relevant state or territory.
Typically, both partners need to sign the application form and provide certified identification documents, such as passports or driver’s licences.
In some cases, additional documents, such as proof of shared residence (e.g., a joint lease agreement or utility bills), may be required to confirm the nature of the relationship.
For example, in the ACT, de facto partners must submit a statutory declaration confirming their relationship and residency status.
If either partner was previously married or in a registered relationship, they must also provide evidence of divorce or dissolution of the prior partnership.
3. Pay the fee
A registration fee applies when submitting a de facto relationship application. Fees may vary by state, so it’s best to check the official government website for current pricing.
Payment is usually required at the time of submission, and the application will not be processed until the fee is received. Expedited processing may be available for an additional fee in certain cases.
Receive your Certificate
Once the application is processed and approved, the couple will receive an official de facto relationship registration certificate.
This document serves as legal proof of the relationship and may be used in legal proceedings, visa applications, and financial matters, such as superannuation or insurance claims.
If the relationship ends, you must apply to revoke the registration.
What are my rights if my de facto relationship breaks down?
Property settlement
Property settlement after separation considers financial contributions, such as income and investments, as well as non-financial contributions, like homemaking and caregiving.
In Australia, de facto partners have largely the same property rights as married couples when a relationship ends.
That said, there are some key differences.
Unlike married couples, de facto partners must first establish that their relationship meets the legal definition before they can make a property claim. Therefore, de facto property settlements may require more evidence, such as financial records, joint assets, or witness testimony, to prove the existence and nature of the relationship.
The process for de facto couples also differs in that they must initiate property settlement claims within two years of separation, whereas married couples have until one year after divorce to do so.
If a dispute arises, the Family Court of Australia or the Federal Circuit Court can determine a fair division of assets under the Family Law Act 1975. If a de facto property dispute arises, it is usually first heard in the Federal Circuit Court unless the matter is particularly complicated, in which case it may be transferred to the Family Court of Australia.
Remember that each property settlement case is assessed individually—which is why providing clear evidence is crucial in securing legal recognition and entitlements.
Children’s matters
De facto partners who have children together share the same parental rights and responsibilities as married couples when it comes to children’s matters after separation.
Let’s take a look at each of the core factors.
Parenting Plans and Consent Orders
Parenting arrangements determine where the child lives, how much time they spend with each parent, and how decisions regarding schooling, healthcare, and religious upbringing are made.
As with former spouses, de facto partners are encouraged to resolve parenting matters amicably and document their agreement through a Parenting Plan, which is a written agreement setting out parenting arrangements.
While not legally enforceable, a Parenting Plan can later be formalised through Consent Orders, which are binding and approved by the Family Court or Federal Circuit Court.
If de facto parents cannot agree on parenting arrangements, they must attempt Family Dispute Resolution (FDR) before applying to the court. This process, facilitated by accredited mediators, aims to help parents reach agreements without litigation.
In urgent cases—such as those involving domestic violence or immediate risk to the child—the requirement for mediation may be waived, and the case can proceed directly to the Family Court or Federal Circuit Court, where the child’s safety and well-being will be prioritised.
Parental responsibility
Under Australian law, de facto parents typically have equal shared parental responsibility. This means both parents must make joint decisions about their child’s major life aspects unless the court orders otherwise.
However, in cases involving family violence, neglect, or significant parental conflict, the court may award sole parental responsibility to one parent. Regardless of relationship status, the guiding principle remains the child’s best interests.
Child support
When de facto parents separate, child support obligations remain the same as those for married parents. The Department of Human Services (Child Support Agency) oversees payments, ensuring financial support for the child’s education, healthcare, and daily needs.
Payments are calculated based on both parents’ income, the percentage of care each parent provides, and the child’s specific needs. De facto partners can negotiate private child support agreements or rely on government-calculated contributions.
Visa considerations
For visa holders, ending a de facto relationship in Australia can impact residency status—particularly if the partner was sponsored under a Partner Visa (Subclass 820/801 or 309/100).
The Department of Home Affairs assesses each case individually, and in some circumstances, visa holders may still retain their residency rights, such as if they have experienced domestic violence or have children with their ex-partner.
If you’re separating from a de facto partner while on a temporary partner visa, it’s essential to notify the Department immediately and seek immigration legal advice to explore available options.
Time limits to note after your de facto relationship ends
If a de facto relationship in Australia ends, the affected partner must apply to the Family Court for financial orders within two years of separation. This includes seeking property settlements, spousal maintenance, or other financial support.
Missing this time limit can significantly impact your ability to claim entitlements, as the court may refuse late applications unless exceptional circumstances apply.
Seeking legal advice early can help protect your rights and ensure you take the necessary steps within the required timeframe.
Get dependable legal support with De Facto Law matters
A de facto relationship in Australia goes beyond living together—it comes with significant legal implications. These relationships grant couples similar rights to married partners, including in areas such as property division, financial support, and parental responsibilities. A thorough understanding of your entitlements and duties can help protect your best interests and plan for the future.
If you need legal advice about your de facto relationship—whether it’s registering your relationship, managing a separation, or resolving financial disputes—our trusted family lawyers in Canberra and Queanbeyan are here to help.
Over 160 years strong, we leverage extensive experience in Family law to provide you with clear guidance tailored to your situation.
Don’t navigate these legal complexities alone. Get in touch with our team to explore your rights and options today.
