What is a de facto relationship?

A de facto relationship is recognised when two adults live together in a genuine domestic arrangement without being married. To assess this, the Court looks at several factors including the length of the relationship, how finances were managed, living circumstances, and whether the relationship was acknowledged socially. Unlike marriage, there is no formal certificate, so evidence must be provided to support the nature of the partnership.

How do I know if I am in a de facto relationship?

The Court considers several indicators when deciding whether a relationship is de facto. These include: Both parties are over 18 and not married to each other They are not closely related They lived together as a couple in a domestic setting Additional factors may include: How long the couple lived together and whether there were any breaks Whether there was an emotional or physical connection How finances were managed, including shared accounts or one partner supporting the other Ownership and control of property and other assets Whether either person cared for the other’s children How the relationship was presented publicly, such as introducing each other as partners Since 2009, Australian law recognises de facto relationships, including same-sex couples, and gives them the same rights as married couples in areas like property matters and parenting decisions.

Is there a deadline for applying for a property settlement?

Yes. If a de facto relationship ends, you usually have two years from the date of separation to apply for a property settlement. In some cases, the Court may accept an application outside this period if serious disadvantage would result from refusing it.

What should I do after a de facto separation?

Understanding your position early on is important. If you have questions about dividing assets or financial contributions, speak to a professional who can help you understand what steps to take. We assist both same-sex and opposite-sex couples with these matters.

How long must a relationship last to be considered de facto?

Most de facto relationships are recognised after two years. However, if there are children involved or one partner has made significant financial contributions, the Court may recognise the relationship even if it was shorter. Registering the relationship can also help establish its legal status.

Expertise

De-Facto Relationships

DE FACTO LAWYERS IN HEATHCOTE

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Extensive Experience

Our family law team offers comprehensive support in Heathcote for those navigating divorce, property settlements, and de facto matters. With a strong track record across complex and straightforward cases, we bring both knowledge and practical insight to every client interaction.

Dedicated Team

We focus on making the legal process more manageable — clearly explaining each step, keeping communication straightforward, and helping you stay in control of your legal costs.

Trusted Family Lawyers

We approach every matter with calm, strategic thinking. Whether you're finalising a separation or working through asset division, we prioritise solutions that align with your circumstances and help you take the next step.

Here to Help

De facto separation can bring more than just a change in living arrangements—it often comes with financial decisions, emotional strain, and uncertainty about what’s next.

We offer support in Heathcote for individuals managing the end of a de facto relationship. From dividing assets to sorting out next steps, we help make the process clearer and less stressful with focused advice and steady communication.

Let’s talk through your situation. We’re here to help you take control and move ahead with a clear direction.

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Family Law & Children

Area of Expertise

How Can Our De Facto Lawyers in Heathcote Help?

When a de facto relationship comes to an end, it often brings a unique set of legal challenges. Questions around asset ownership, financial contributions and the nature of the relationship can quickly complicate matters.

Unlike marriage, there is no formal certificate to prove the relationship existed. This can make it harder to establish your position when negotiating a financial outcome or seeking a fair property split.

Acting early and having a clear understanding of your situation can help reduce uncertainty and prevent issues from escalating.

Here's how we can help:

Focused Legal Insight

We offer support in Heathcote to individuals dealing with the fallout of a de facto separation. Whether it involves asset division, financial disputes or confirming the status of your relationship, we provide clarity around the legal process so you know where you stand and what steps to take.

Practical Support

Every separation is different. Some are amicable, others less so. We take the time to understand your circumstances and help you work through the process with clear communication and straightforward advice that makes sense in real life.

Confident Representation When It Counts

Most matters can be resolved without going to court, but if your case requires formal proceedings, we are prepared to represent you. We focus on securing outcomes that reflect your contributions and support your long-term interests.

Frequently Asked Questions

What is a de facto relationship?

A de facto relationship is recognised when two adults live together in a genuine domestic arrangement without being married. To assess this, the Court looks at several factors including the length of the relationship, how finances were managed, living circumstances, and whether the relationship was acknowledged socially. Unlike marriage, there is no formal certificate, so evidence must be provided to support the nature of the partnership.
How do I know if I am in a de facto relationship?
The Court considers several indicators when deciding whether a relationship is de facto. These include:
- Both parties are over 18 and not married to each other
- They are not closely related
- They lived together as a couple in a domestic setting
Additional factors may include:
- How long the couple lived together and whether there were any breaks
- Whether there was an emotional or physical connection
- How finances were managed, including shared accounts or one partner supporting the other
- Ownership and control of property and other assets
- Whether either person cared for the other’s children
- How the relationship was presented publicly, such as introducing each other as partners
Since 2009, Australian law recognises de facto relationships, including same-sex couples, and gives them the same rights as married couples in areas like property matters and parenting decisions.
Is there a deadline for applying for a property settlement?

Yes. If a de facto relationship ends, you usually have two years from the date of separation to apply for a property settlement. In some cases, the Court may accept an application outside this period if serious disadvantage would result from refusing it.
What should I do after a de facto separation?

Understanding your position early on is important. If you have questions about dividing assets or financial contributions, speak to a professional who can help you understand what steps to take. We assist both same-sex and opposite-sex couples with these matters.
How long must a relationship last to be considered de facto?

Most de facto relationships are recognised after two years. However, if there are children involved or one partner has made significant financial contributions, the Court may recognise the relationship even if it was shorter. Registering the relationship can also help establish its legal status.

How is a de facto relationship different from a marriage?

The main difference is how the relationship is confirmed legally. Married couples have a certificate issued at the time of marriage. In contrast, a de facto relationship must be proven through evidence such as shared living arrangements, financial interdependence, and how the couple is recognised socially. Despite this difference, both types of relationships offer similar legal rights under the Family Law Act when it comes to separation, property settlements, and parenting.
What rights do I have in a de facto relationship?

If you are in a de facto relationship, you may have rights to property division, financial support, or spousal maintenance after separation, especially if there are children involved. You could also be eligible to claim part of your partner’s estate if they pass away without a will. In cases involving workplace deaths, compensation rights may also apply. The law provides de facto couples with similar protections and responsibilities as those available to married couples.
What kind of proof is needed for a de facto relationship?
You will need to show that you lived together for at least two years unless other factors apply, such as raising a child together. Evidence may include:
- A shared lease or mortgage
- Joint bank accounts or shared financial obligations
- Records showing financial contributions by both parties
- Photographs, messages, or correspondence that support the relationship
- Statements from friends or family confirming your status as a couple
- Registration of the relationship where available
These documents help demonstrate that your relationship meets the requirements set out under the Family Law Act.
Why choose Kells for help with de facto separation?

Separation after a de facto relationship can involve a mix of legal complexity and emotional stress. Our team works with individuals to resolve issues such as dividing assets, managing financial entitlements, and finalising post-separation arrangements.

We combine practical experience with a clear approach. Whether the situation is straightforward or more involved, we help you make informed decisions and focus on outcomes that support your next chapter.