De Facto Relationships and Property Rights in Australia
12 October 2026 · 5 min read
Many Australian couples live together without marrying. Under federal family law, de facto partners can have property rights very similar to married couples — which surprises a lot of people.
When is a relationship de facto?
A de facto relationship is a couple living together on a genuine domestic basis who are not married or related. Courts consider factors such as how long you've lived together, financial interdependence, whether you share a home, and whether you have children together.
When can a property claim be made?
Generally, the Family Court can make property orders for de facto couples if the relationship lasted at least two years, there is a child of the relationship, one partner made substantial contributions and serious injustice would otherwise result, or the relationship was registered under state or territory law. Time limits apply after separation — usually two years.
Protecting yourself with an agreement
De facto couples can make a Binding Financial Agreement under Part VIIIAB of the Family Law Act — before moving in, during the relationship or after separation. It can record how property would be divided, giving both partners certainty.
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Protect your assetsFrequently asked questions
Does moving in together create a de facto relationship straight away?
Not automatically. It depends on all the circumstances, though living together is a key factor.
Is there a time limit to claim property after a de facto separation?
Generally you must apply within two years of separation, unless the court grants leave.
This article is general information only and is not legal advice. Laws vary between states and territories and change over time — speak with a lawyer about your circumstances.