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 heterosexual (different-sex) couples.

When a de facto relationship ends, the court must look at your situation to decide if you were in a de facto relationship. This includes:

• 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 (link below).

If you are in a registered relationship, you don’t 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 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. See ‘Family dispute resolution’ (link below).

If you still can’t reach agreement, you may be able to go to court.

From 1 March 2009, there are new laws that affect de facto couples. These laws give them the same access to the Family Court of Australia and the Federal Magistrates Court for property and maintenance disputes as married couples. See the ‘Dividing your property’ (link below).

If you separated before 1 March 2009, different laws apply so it’s best to get legal advice. However, if both of you agree, you can choose to have the new laws to 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. See ‘Children and parenting’ (link below).

More information

Children and parenting

Dividing your property

Family dispute resolution

Related publications

You and family law: a short guide

Related websites

Registry of Births Deaths and Marriages – Relationships

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

Our other free legal services include:

• advice at our offices and other locations across Victoria
• lawyers who are on ‘duty’ to help at many courts and tribunals.

For some family law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.