When a de facto relationship ends, things can get complicated — especially when property, finances, and emotions are all tangled together. Many Australians are unsure what they’re legally entitled to after a de facto separation. Are the rules the same as for married couples? Can you claim part of the property? What about superannuation or maintenance?

Let’s unpack everything you need to know about de facto breakup entitlements in Australia — in plain English.

What Exactly Is a De Facto Relationship?

A de facto relationship refers to a couple living together on a genuine domestic basis without being legally married. In the eyes of the law, it’s not just about sharing a home — it’s about sharing a life.

However, because it’s not a marriage, many people underestimate the rights they actually have when the relationship ends. Under Australian law, de facto partners are entitled to a fair division of property and assets — much like married couples — provided certain criteria are met.

If you and your partner built a life together, contributed financially, or even raised children, you could be entitled to a share of what you both accumulated — from savings accounts to the family home.

For anyone navigating this complex situation, it’s worth reading up on how a de facto property settlement works. This process helps ensure that assets are divided fairly between both parties after separation.

When a De Facto Relationship Ends: What Happens Next?

When a de facto relationship ends in Australia, the rights of each partner are guided by the Family Law Act 1975. In most cases, de facto partners can apply to the Family Court for a property settlement. This covers how assets and debts are divided — everything from bank accounts and superannuation to cars, shares, and real estate.

To qualify for a claim, at least one of the following must apply:

• The relationship lasted for at least two years; 
• You and your partner have a child together; 
• The relationship was officially registered in your state or territory; 
• One partner made significant financial or non-financial contributions, and not granting a settlement would cause serious unfairness.
  

Timing is crucial here. You must apply for a property settlement within two years of separation. After that, you’ll need special permission from the court to proceed.

The court takes a holistic approach when deciding how property should be divided. It looks at:

• Each person’s financial and non-financial contributions (like homemaking or child care); 
• Future needs, including income capacity, health, and age; 
• Who will be caring for the children moving forward.
  

It’s a lot to navigate, which is why consulting a professional family lawyer — such as the experienced team at Melrose Keys Lawyers — can make all the difference in protecting your rights and achieving a fair outcome.

What Can Be Included in a Property Settlement?

When it comes to de facto breakup entitlements, the property pool covers just about everything you and your partner own — jointly or separately. That may include:

• Real estate (including the family home) 
• Superannuation 
• Bank accounts and savings 
• Investments, stocks, or business interests 
• Vehicles, boats, and personal belongings 
• Debts, loans, and credit cards
  

It doesn’t matter whose name an asset is under; if it was acquired during the relationship, it’s usually considered part of the shared pool.

Courts aim to achieve an outcome that’s “just and equitable.” This doesn’t always mean an exact 50/50 split — rather, a fair distribution based on each person’s situation and contributions.

How Long Before a De Facto Partner Can Make a Claim?

You can only claim a property settlement once your relationship meets the criteria of being a de facto partnership. Typically, that means you’ve lived together for at least two years or share a child.

Once you’ve separated, the clock starts ticking — you have two years to make a property claim in the Family Court. Miss that window, and you’ll need special court approval, which isn’t always easy to obtain.

Still, the law allows flexibility in certain cases — for instance, if there’s a child involved or if one partner made substantial contributions to the relationship (financially or otherwise).

Under Section 90SB of the Family Law Act, the court can make orders about maintenance or property if it’s convinced that:

• The relationship lasted at least two years; 
• A child was conceived during the relationship; 
• The relationship was registered; or 
• Refusing an order would result in serious unfairness to one party.
  

In short — if you’ve made genuine contributions and would suffer disadvantage without a settlement, the court will take your case seriously.

How Is the Property Split Decided?

Every de facto breakup is different, and so is every property settlement. When you consult a family lawyer about your de facto property settlement, they’ll review your shared assets, your financial and non-financial contributions, and your personal circumstances.

Usually, your lawyer will estimate a “range” of potential outcomes — for example, you might be entitled to 40–60 percent of the property pool, depending on factors like childcare responsibilities and future earning potential.

This estimate helps you negotiate more confidently and reach a fair agreement without necessarily going through a long, stressful court process.

Can You Receive Maintenance After a De Facto Breakup?

Yes — in certain circumstances. Spousal maintenance (also called partner support) is not automatic, but the court can order it if one person can’t adequately support themselves and the other has the means to help.

When assessing maintenance in de facto breakup entitlements, the court considers:

• Each partner’s age and health; 
• Income, property, and financial resources; 
• Working ability and standard of living; 
• Whether the relationship affected one partner’s ability to earn (for example, staying home to raise children).
  

Maintenance isn’t forever — it’s designed to help one partner get back on their feet financially after separation.

Do You Need to Register a De Facto Relationship?

Not necessarily. Registration isn’t required in all states or territories, and many couples never register at all. However, registering your relationship can sometimes make legal processes (like property settlements) simpler, since it provides official proof that the relationship existed.

Even if you never registered, you can still pursue a de facto property settlement — as long as you meet the eligibility criteria under the Family Law Act.

The Bottom Line: Know Your Rights

So, what are de facto breakup entitlements in Australia? In simple terms, if you’ve been living together as a couple — sharing assets, responsibilities, or children — you likely have rights similar to those of a married couple when it comes to property division and financial support.

The law is designed to be fair, but navigating it can be tricky. That’s why getting advice from an experienced family law firm like Melrose Keys Lawyers can be invaluable. They can guide you through your next steps, protect your interests, and help you move forward with clarity and confidence.

Author Bio: Jeryl Damluan is a seasoned SEO Specialist and Outreach Specialist at Justice Network. She excels in building authority links and amplifying online presence for law firms and businesses through strategic content creation and digital marketing.