What is a de facto relationship?

A de facto relationship is recognised when two adults live together in a domestic partnership without being married. The Court looks at various elements to assess this, such as how long the relationship lasted, shared financial responsibilities, living arrangements, and how the relationship is perceived socially. Unlike marriage, there’s no single document proving a de facto relationship—it must be demonstrated through real-world evidence.

How do I know if I’m in a de facto relationship?

To determine whether a relationship is de facto, the Court considers the following: Both people are over 18 and not legally married to each other. They are not related by blood. They have lived together as a couple on a genuine domestic basis. Other aspects the Court may assess include: Length of the relationship and whether there were breaks. Emotional and physical connection, including intimacy. Financial arrangements, such as shared expenses or one partner supporting the other. Assets and property, including joint purchases or shared ownership. Parental responsibilities, including caring for each other’s children. Public presentation, such as introducing each other as partners to friends and family. Since 2009, de facto partners in Australia — including same-sex couples — have access to the same legal entitlements as married couples in relation to financial and parenting matters.

Is there a time limit for applying for a property settlement?

Yes. If your de facto relationship ends, you typically have two years to apply for a property settlement. In exceptional circumstances, the Court may consider applications lodged after this period, particularly where refusing would cause significant hardship.

What steps should I take after a de facto separation?

It’s important to understand your position early. Reach out to discuss your situation and get clarity around your rights, especially if property division or financial contributions are in question. Our team offers services for both opposite-sex and same-sex separations.

How long must we be together for it to count as a de facto relationship?

Generally, a relationship must have lasted at least two years. However, this isn’t a hard rule. If you share children or one partner made notable financial contributions, the relationship may still be recognised legally, even if it was shorter. Registration of your relationship can also support your case.

Expertise

De-Facto Relationships

DE FACTO LAWYERS IN ENGADINE

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Extensive Experience

The family law team at Kells in Engadine brings years of hands-on experience in matters such as divorce, property settlements, and de facto relationships.

Dedicated Team

We take pride in delivering clear, efficient legal services. Our aim is to simplify each stage, manage expenses wisely, and keep you informed throughout the process.

Trusted Family Lawyers

Your priorities drive everything we do. We understand the emotional and practical hurdles involved in family law. That’s why we offer level-headed, results-driven strategies to help you move forward confidently.

Here to Help

Going through a de facto separation can feel overwhelming, especially when financial matters or shared responsibilities come into play. These situations often involve navigating emotional stress alongside important legal decisions.

We offer services in Engadine to assist with the complexities of de facto relationship breakdowns. Whether you're dealing with property division or working through the next steps after parting ways, our team provides strategic support and clear communication throughout the process.

Talk to us about your circumstances. We are here to help you move forward with clarity and a strong plan for what comes next.

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Family Law & Children

Area of Expertise

How Can Our De Facto Lawyers in Engadine Help?

Ending a de facto relationship can present distinct legal issues — especially when dividing property or establishing the nature and length of the partnership.

Unlike marriage, there’s no formal registration to rely on. This can make proving the relationship more complex when pursuing financial outcomes or settlement arrangements.

Acting early and understanding your position can make a big difference when it comes to protecting your interests and avoiding drawn-out disputes.

Here's how we can help:

Focused Legal Insight

Our team offers services in Engadine for those facing legal matters after a de facto separation. From asset division to financial contributions and future needs, we help unpack the legal framework and explain your options clearly. Whether you're unsure about eligibility or facing challenges around property claims, we’re here to help you take control of the process.

Practical, Human-Centred Support

Separation often affects more than just your finances. It’s personal, and every situation is different. That’s why we take the time to listen and work through the legal process with you—providing real-world advice that helps you plan your next move with confidence.

Confident Representation When It Counts

While we aim to resolve matters through negotiation, we’re prepared to represent you in court if necessary. Whether through formal proceedings or informal discussions, we’ll work hard to secure a result that respects your contributions and future goals.

Frequently Asked Questions

What is a de facto relationship?

A de facto relationship is recognised when two adults live together in a domestic partnership without being married. The Court looks at various elements to assess this, such as how long the relationship lasted, shared financial responsibilities, living arrangements, and how the relationship is perceived socially. Unlike marriage, there’s no single document proving a de facto relationship—it must be demonstrated through real-world evidence.
How do I know if I’m in a de facto relationship?
To determine whether a relationship is de facto, the Court considers the following:
- Both people are over 18 and not legally married to each other.
- They are not related by blood.
- They have lived together as a couple on a genuine domestic basis.
Other aspects the Court may assess include:
- Length of the relationship and whether there were breaks.
- Emotional and physical connection, including intimacy.
- Financial arrangements, such as shared expenses or one partner supporting the other.
- Assets and property, including joint purchases or shared ownership.
- Parental responsibilities, including caring for each other’s children.
- Public presentation, such as introducing each other as partners to friends and family.
Since 2009, de facto partners in Australia — including same-sex couples — have access to the same legal entitlements as married couples in relation to financial and parenting matters.
Is there a time limit for applying for a property settlement?

Yes. If your de facto relationship ends, you typically have two years to apply for a property settlement. In exceptional circumstances, the Court may consider applications lodged after this period, particularly where refusing would cause significant hardship.
What steps should I take after a de facto separation?

It’s important to understand your position early. Reach out to discuss your situation and get clarity around your rights, especially if property division or financial contributions are in question. Our team offers services for both opposite-sex and same-sex separations.
How long must we be together for it to count as a de facto relationship?

Generally, a relationship must have lasted at least two years. However, this isn’t a hard rule. If you share children or one partner made notable financial contributions, the relationship may still be recognised legally, even if it was shorter. Registration of your relationship can also support your case.

How does a de facto relationship differ from a marriage?

The primary difference lies in how legal status is confirmed. A marriage certificate is formal proof of a marital relationship, while a de facto relationship must be demonstrated through shared living, financial interdependence, and social recognition. Despite these differences, both arrangements carry similar legal rights under the Family Law Act, particularly in the context of separation, property division, and care of children.
What legal rights do I have in a de facto relationship?

If you’re in a de facto relationship, you may be entitled to property division, spousal maintenance, or financial support if you separate — particularly if children are involved. You might also be able to claim a share in your partner’s estate if they pass away without a will. In the case of death from a workplace accident, compensation rights may apply. The law treats de facto partners similarly to married couples in most financial and legal matters.
How can I prove a de facto relationship?
You’ll need to show that you lived together for two years or more, or meet exceptions such as raising a child together. Helpful evidence includes:
- Joint lease or mortgage agreements
- Shared bank accounts
- Proof of financial contributions
- Photos or correspondence
- Witness statements from friends or family
- Registration of the relationship (where available)
The aim is to demonstrate that your relationship met the criteria for a genuine domestic partnership.
Why choose Kells for help with de facto separation?

A de facto split can bring both legal and emotional complexities. Our team has a proven history in resolving property settlements, financial matters, and other key aspects after separation.

With a blend of legal expertise and real-world insight, we work toward outcomes that reflect your situation. From dividing assets to clarifying entitlements, we’re here to simplify the process and help you move forward.