De facto and same-sex relationships

De facto and same-sex relationships

A de facto relationship is when two people are not married but live together or have lived together as a couple on a genuine domestic basis. The same laws apply to same-sex couples as to heterosexual (different-sex) couples. A family law court can make decisions if there is no agreement.

A court may not make orders unless it is satisfied that you and your partner have been in a de facto relationship for at least two years.

In deciding whether you were in a de facto relationship, the court will consider:

  • how long the relationship lasted
  • how you lived together and how long for
  • if you were in a sexual relationship
  • if you depended financially on each other, and any arrangements for financial support between you
  • how any property was owned and used and how you came to own it
  • if you had a commitment to a shared life together
  • how you cared for and supported any children you have
  • how other people saw your relationship.

If you cannot prove that a de facto relationship existed, you may have other legal rights to money or property, for example, under trusts law. Get legal advice.

Registered relationships

A couple in a de facto relationship can register their relationship with the Registry of Births Deaths and Marriages.

If you are in a registered relationship, you do not have to provide evidence that you are in a domestic relationship to apply for a financial order. This makes it easier for couples to access their legal rights if their relationship breaks down.

Property settlement and partner maintenance

If you have a relationship or financial agreement (sometimes called a binding financial agreement) that has been prepared by your lawyer, you can sort out property and maintenance according to the agreement. If not, try to reach agreement yourselves.

If you need help, consider going to family dispute resolution. If you still cannot reach agreement, you may be able to go to court.

De facto couples have the same access to the family law courts for property and maintenance disputes as married couples.

If you separated before 1 March 2009, different laws apply so it is best to get legal advice. However, if both of you agree, you can choose to have the new laws apply to your relationship. You must get independent legal advice first.

Time limits

You must apply for a court order within two years of separating from your partner. The court may allow more time in special circumstances. Get legal advice.

Disputes concerning children

The family law courts can decide disputes about children from a domestic relationship, including disputes about parenting arrangements and child contact.

The court will deal with issues relating to children from de facto relationships in the same way as children of married couples.

Get help

Find out how you can get help with separation and divorce.