De Facto Relationship: break up entitlements
What are my legal rights in a de facto relationship breakdown?
When a de facto relationship ends, it can often carry important legal ramifications or consequences. Property, superannuation, spousal maintenance and parenting arrangements can all be affected, so it’s important to know your de facto rights in Australia and how the law may apply to the situation for you and your former partner. If you’re unsure whether your relationship will be treated as de facto, seeking early legal advice can clarify your position and preserve your options.
Where two people live together as a couple on a genuine domestic basis and are not legally married or related, the relationship is usually considered de facto. The Family Law Act recognises these relationships so they can be dealt with under the same family law framework that applies to marriages. Same sex de facto rights and entitlements are treated as equal to any other de facto partnership under Australian family law, including rights to property settlement, superannuation splitting, spousal maintenance and parenting orders.
De facto Legal Rights of Each Partner
De facto couples (same or opposite sex) going through a separation have family law rights equivalent to married couples going through divorce. When it comes to de facto property settlement, spousal (partner) maintenance and parenting decisions, the law treats a de facto relationship as a marriage-like relationship. That means the value of assets accumulated during the relationship (including superannuation) can be examined and, where appropriate, adjusted between the parties.
Whether you are entitled to a share of property, maintenance or parenting input depends on the specific facts of your relationship: how long you lived together, substantial financial and non-financial contributions, care of children and each parties’ future needs. Independent legal advice is essential to understand how these factors apply in your case and to protect your rights.
De Facto Relationship Rights and Entitlements
Entitlements after separation are never automatic. The court always looks at the overall picture. Key considerations include:
the length (generally at least two years) and nature of the relationship (a shared life on a genuine domestic basis);
if there were children born of the relationship;
each partner’s financial contributions (wages, savings, investments);
non-financial substantial contributions (home-making, child care, renovations); and
future needs (age, health, earning capacity, care of children).
Because every relationship is different, outcomes vary for different couples. Early advice helps you understand likely entitlements and choose the most constructive path: negotiation, a binding agreement, mediation or court proceedings.
De facto property rights
Whether you and your partner own property together or separately, it’s important to understand your de facto rights to property if you separate. The process looks at the total asset pool, each person’s financial and non-financial contributions, as well as future needs, to reach a just and equitable outcome. These matters can become legally and emotionally complex, particularly where businesses, trusts or significant superannuation balances are involved. Custom, personalised legal advice is important to achieve a fair result.
Financial agreements and de facto partner rights
A binding financial agreement (BFA) allows de facto partners to record how assets, liabilities and maintenance will be dealt with if the relationship breaks down. BFAs can be made before, during or after a relationship and, when properly prepared, provide certainty and reduce the need for litigation.
To be binding, a financial agreement must meet strict legal requirements. Crucially, each party must obtain independent legal advice about the agreement’s effect on their rights and whether it is fair in all the circumstances. If enforcing the agreement would result in a serious injustice, there are legal avenues to challenge it. When you are considering a BFA, it's important to obtain expert family law advice to ensure the document is correctly drafted and executed.
Child Support in De Facto Relationships
Child support and parenting arrangements focus on the child’s best interests. Parents in de facto relationships have the same ability as married parents to agree on parenting time, care arrangements and child support obligations. If agreement isn’t possible, the court can make binding orders. Child support assessments take into account income, care arrangements and the child’s needs, and they can be formalised by agreement or by a court order. Seeking legal advice ensures children’s needs are prioritised and that arrangements are enforceable where necessary.
De Facto Separation and Domestic Violence
Separation can be a vulnerable and dangerous time when family violence is present. The Family Law system provides protective measures, including urgent parenting orders and personal protection orders, to keep people and children safe. If you are experiencing domestic violence, your safety is always the first priority: contact emergency services if you are in immediate danger, and reach out to legal and support services who can assist with safety planning and urgent court protection. Legal advice can also explain how family violence may affect property and parenting outcomes.
Break-Up Entitlements and Time Limits
There are strict time limits for starting property settlement or spousal maintenance proceedings. For de facto relationships, an application to the court for property or maintenance orders usually must be filed within two years of separation (the Family Law Act sets out these limitations). Missing the deadline does not always end your options, but you will generally need the court’s permission (leave) to proceed, which can be difficult. If you are approaching or past that time limit, seek legal advice urgently.
De Facto and Legal Considerations: Practical Next Steps
Get clarity early. If you’re unsure whether you’re in a de facto relationship or what your rights are, a short legal consultation can clarify your position.
Preserve financial records. Gather bank statements, property titles, superannuation statements, payslips and evidence of contributions. These documents are vital.
Consider a financial agreement. If you want certainty, discuss a binding agreement with a family lawyer, just remember that both parties must receive independent advice.
Prioritise safety and children. If family violence or safety concerns exist, address those first and seek immediate help.
Act before time limits expire. If you’re near or past the two-year mark after separation, get legal advice without delay.
How can Omnia Legal assist you?
Understanding the de facto rights of QLD couples can be stressful and confusing. At Omnia Legal, we combine clear, practical advice with compassionate support so you don’t have to face this alone. We’ll listen to your circumstances, explain your options and the legal rights of a de facto relationship in plain language. Our team at Omnia Legal will work with you to protect your future.
Every relationship and property pool is different. We’ll give you honest, practical guidance tailored to your needs and prioritise safety, children’s best interests and a fair financial outcome. If you’d like to discuss your situation, book a confidential appointment and we’ll help you understand your options and next steps.
If you need help negotiating to divide property with your former partner, obtain legal advice, financial support or representation in the Family Court, contact Omnia Legal for a confidential, obligation-free phone consultation. To talk through your options, call (07) 5415 0248 or email: info@omnialegal.com.au.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.