De Facto
Separation
De facto couples have the same rights as married couples — but those rights have strict time limits and do not apply automatically. Get advice before the clock runs out.
Under the Family Law Act 1975, de facto couples have the same property and parenting rights as married couples. But unlike marriage, there is no divorce process to formalise separation — which means the date of separation (and the 2-year time limit to commence property proceedings) can be disputed. Purcell and Purcell Pty Ltd advises de facto clients on their rights, the time limits that apply, and how to protect their position from day one.
De facto separation services
De facto property claims must be commenced within 2 years of the date of separation — and that date can itself be contested. If you are approaching this limit, or are unsure when your relationship legally ended, seek advice immediately. Missing the time limit requires leave of the court, which is not guaranteed.
De facto couples are entitled to a fair division of property based on contributions and future needs — the same test as for married couples. There is no automatic 50/50 split. We advise on your entitlements, negotiate on your behalf, and formalise the outcome through consent orders or a binding financial agreement.
Property settlement — full details →Parenting orders are available to de facto couples on separation in the same way as married couples. The same rules apply — mediation first, then court if needed, always in the best interests of the children. We advise on all aspects of parenting arrangements for de facto families.
Parenting plans — full details →A binding financial agreement can be entered into before, during, or after a de facto relationship. It sets out how assets will be divided if the relationship ends and avoids the cost of contested property proceedings. Both parties must receive independent legal advice for the agreement to be binding.
Binding financial agreements — full details →Superannuation is treated as property under the Family Law Act and can be divided between de facto partners on separation, in the same way as for married couples. We advise on superannuation splitting as part of any property settlement and manage the fund trustee process.
Superannuation splitting — full details →Not all de facto relationships are automatically recognised under the Family Law Act. Generally, couples must have lived together for at least 2 years, though exceptions apply where there is a child or where substantial contributions were made. We advise on whether your relationship meets the threshold and what evidence supports recognition.
Equal rights.
But not automatic ones.
De facto couples have equal rights under Australian law — but those rights require active steps to protect. The 2-year time limit on property claims is strict, and the date of separation (which starts the clock) can itself be disputed. Many de facto couples do not realise they are approaching the deadline until it is too late.
We advise de facto clients clearly and promptly: what you are entitled to, what time limits apply, and what steps to take now. Whether your separation is straightforward or contested, we give you the picture before you make any decisions.
For de facto couples still together, a binding financial agreement is the most effective way to protect your assets and avoid uncertainty if the relationship ends.
De facto separation FAQs
Generally, a de facto relationship must have lasted at least 2 years for property rights under the Family Law Act 1975 to apply. The 2-year threshold does not apply if the couple has a child together or if one party made substantial contributions to the relationship and it would be unjust not to recognise it. The definition looks at the whole circumstances — cohabitation, financial interdependence, and public recognition of the relationship.
Property proceedings must be commenced within 2 years of the date of separation. This is a strict limit. After 2 years, you require leave of the court to file — and leave is not automatically granted. The date of separation can itself be disputed, particularly where the couple continued to live together for a period after the relationship broke down. Seek advice as soon as possible after separation to protect your rights.
No. There is no automatic 50/50 split for de facto or married couples. The Family Law Act requires a fair division based on each party's contributions — financial, non-financial, and as a homemaker or parent — and their future needs including income, health, care of children, and age. The outcome depends on the specific facts of each relationship.
This is a threshold issue that must be resolved before property rights can be determined. Evidence of the relationship includes joint accounts, shared leases or mortgages, shared finances, how you described the relationship publicly, time spent together, and whether you had children together. We advise on what evidence is available and represent clients in proceedings where the existence of the relationship is disputed.
Yes. Superannuation is treated as property under the Family Law Act and is available for splitting between de facto partners on separation — the same as for married couples. A superannuation splitting order must follow specific legislative requirements and be served on the fund trustee. We handle the full process, including obtaining the necessary information from the relevant funds.
Ready to talk?
Get clear advice on your de facto rights before the time limit passes — same week appointments available.