De Facto Relationship Matters – Sydney De Facto Lawyers
Understanding your rights in a de facto relationship is essential when your relationship ends. Since 1 March 2009, most de facto couples in Australia have had their property, parenting, and maintenance disputes governed by the Family Law Act 1975 (Cth). This means that, in many respects, de facto couples now have similar rights and obligations to married couples.
However, before you can make a claim under the Family Law Act, you must first establish that a de facto relationship existed. If your relationship ended before 1 March 2009, different state or territory laws apply. In New South Wales, this is the Property (Relationships) Act 1984.
At Dorter Family Lawyers & Mediators, our expert team in Family Law, including Accredited Specialists, provide clear, practical advice to help you navigate these complex laws and protect your interests.
What Is a De Facto Relationship Under the Family Law Act?
Section 4AA of the Family Law Act 1975 defines a de facto relationship as one where two people (of the same or opposite sex):
Are not legally married to each other;
Are not related by family; and
Live together on a genuine domestic basis.
How Do Courts Determine a De Facto Relationship?
The Court considers a range of factors, including:
The length of the relationship (generally at least two years);
Whether you have a child together;
Whether the relationship is registered under state or territory law;
The nature and extent of your common residence;
The degree of financial dependence or interdependence;
Ownership, use, and acquisition of property;
The mutual commitment to a shared life;
The reputation and public aspects of the relationship.
Even if you lived together for less than two years, you may still qualify if there is a child of the relationship or if one party made substantial contributions and serious injustice would result without an order.
Importantly, no single factor is decisive, and the Court has discretion to weigh these factors based on the circumstances. A de facto relationship can exist even if one party is married to someone else or in another de facto relationship.
Your Legal Options After Separation
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If your de facto relationship ended after 1 March 2009, you can apply to the Court for a property settlement in the same way as married couples. Important: You must apply within two years of separation, or seek special permission from the Court.
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De facto parents have the same rights as married parents to apply for parenting orders, including arrangements for children and custody. There is no time limit for these applications.
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You may be entitled to financial support from your former partner. Applications must be made within two years of separation.
Sydney Family Law Team.
Led by Rebekah Dorter and our senior partners, our team consists of accomplished professionals who are not only highly knowledgeable in their respective fields of family law but also deeply committed to delivering exceptional results.
A SYDNEY LAW FIRM YOU CAN TRUST
Why Choose Dorter Family Lawyers & Mediators?
We will help you:
✓ Advise you on your eligibility and prospects of success for an application seeking a declaration of a de facto relationship and any entitlements for a property settlement;
✓ Ensure you are advised as to compliance with time limits – applications must generally be filed within two years of separation;
✓ Prepare and formalise agreements through Consent Orders or Binding Financial Agreements, which make your settlement legally enforceable;
✓ Advocate for your rights and entitlements, ensuring the division of property is just and equitable as required by the Act;
✓ Represent you in mediation or court proceedings if an agreement cannot be reached.
Although you can negotiate a settlement without legal representation, doing so carries significant risks. Errors can result in unfair outcomes, unenforceable agreements, or costly disputes later. Engaging an experienced family lawyer provides clarity, minimises risk, and helps ensure your property settlement is fair, legally binding, and protects your financial future.
Book a confidential consultation today to discuss your rights and options.
De Facto Relationship Matters FAQs
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Living in separate households does not automatically mean you are not in a de facto relationship. Under Section 4AA of the Family Law Act 1975, the key question is whether you have a relationship as a couple living together on a genuine domestic basis, considering all the circumstances.
The law recognises that modern relationships can involve periods of living apart due to work, family responsibilities, or personal choice. Courts will look beyond physical cohabitation and assess factors such as:
Duration of the relationship;
The nature and extent of any common residence (even if intermittent);
Financial interdependence, including shared expenses or joint accounts;
Ownership and use of property;
The degree of mutual commitment to a shared life;
Care and support of children;
The public aspects of the relationship (e.g., whether you present as a couple socially).
A de facto relationship can exist even if partners maintain separate residences, provided the overall evidence shows a genuine domestic partnership. As each case differs, it is important to engage a family law expert to provide accurate advice for you to gain clarity on your next steps.
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Yes, an on-and-off relationship can still qualify as a de facto relationship under Section 4AA of the Family Law Act 1975, provided the overall circumstances show that you were living together on a genuine domestic basis.
The Court does not require continuous cohabitation. Instead, it considers the totality of the relationship and overall pattern and substance of the relationship, not just whether it was continuous.
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Yes, but only in specific circumstances. Under Section 90SB of the Family Law Act 1975, the Court generally requires a de facto relationship to have lasted at least two years before it can make property adjustment or maintenance orders. However, there are important exceptions where you can still make a claim if:
There is a child of the de facto relationship (as defined in Section 90RB and Section 60H of the Act);
The relationship is registered under a prescribed State or Territory law; or
The party seeking the order made substantial contributions (financial, non-financial, or to the welfare of the family), and serious injustice would result if an order is not made.
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The date of separation is critical because it determines the two-year time limit for de facto property settlement and maintenance applications under the Family Law Act 1975. If the date is disputed, the Court will examine all the circumstances to decide when the relationship ended.
Separation occurs when at least one party forms the intention to permanently end the relationship, acts on that intention, and communicates it—either through words or conduct. It is more than simply living apart; the Court looks for evidence that the relationship had irretrievably broken down. Find more information about separation.
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You must file an application in the Federal Circuit and Family Court of Australia within two years of separation. After that, you need special permission from the Court. Find more information about property settlements or financial maintenance.
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No. De facto parents have the same rights as married parents to apply for parenting orders. There is no time limit for these applications. Find more information about parenting arrangements and custody
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You are not legally required to engage a lawyer, but obtaining legal advice is highly recommended. Property settlements under the Family Law Act 1975 can be complex, involving strict eligibility requirements, time limits, and detailed procedures. The experienced team at Dorter Family Lawyers & Mediators can guide you through these complexities, ensuring you find confidence, gain clarity and take control of the next steps in your family law matter.
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