Same-Sex and
De Facto Couples
Same-sex couples and de facto partners have the same legal rights as married couples under Australian law. We provide inclusive, experienced advice for every relationship structure.
Same-sex couples and de facto partners have the same legal rights as married couples under Australian law — and the same need for good advice. Under the Family Law Act 1975, de facto couples (including same-sex couples) have equivalent rights in property settlement and parenting matters. But those rights do not apply automatically — you need to understand when and how they arise, and act within the relevant time limits. Purcell and Purcell Pty Ltd provides inclusive, non-judgmental advice for all relationship structures.
Same-sex and de facto services
De facto couples who separate have the same rights to property settlement as married couples under the Family Law Act. There is no automatic 50/50 split — the division is based on contributions and future needs. Time limits apply: claims must be made within 2 years of separation. We advise on your entitlements and how to protect them.
Parenting orders are available to same-sex couples and de facto parents on the same basis as married couples. We advise on arrangements for children where the parents separate — including where parental status is complex, such as where a non-biological parent has been the primary carer.
Same-sex and de facto couples can enter into a binding financial agreement (BFA) before, during, or after their relationship. A BFA sets out how assets will be divided if the relationship ends. Both parties must receive independent legal advice. See our BFA page for full detail.
Without a valid Will, a de facto partner may not automatically inherit under Victorian intestacy rules — particularly where family members contest the estate. We draft Wills and estate plans that clearly reflect your wishes and protect your partner. Powers of attorney are equally important, particularly if your relationship is not yet formally recognised by all family members.
A power of attorney ensures your partner can make financial and medical decisions on your behalf if you lose capacity. Without one, those decisions may fall to next of kin by default — which may not include a de facto partner. We prepare both financial and medical powers of attorney tailored to your relationship.
Not all de facto relationships are automatically recognised under the Family Law Act. We advise on when a relationship meets the threshold, the evidence that supports recognition, and how to protect your rights throughout a relationship — not just at its end.
Inclusive advice.
The same standard for every family.
Every family deserves the same standard of legal advice, regardless of its structure. We work with same-sex couples, de facto partners, blended families, and non-traditional arrangements without judgment and without distinction.
The law does provide equal rights — but those rights are not always equally understood, and they do not always operate automatically. Many de facto couples are unaware of the time limits on property claims, or that their partner would not automatically receive their estate without a proper Will.
We take the time to understand your specific circumstances and make sure you have the advice and documents in place to protect your relationship, your assets, and your family.
Same-sex and de facto FAQs
Under the Family Law Act 1975, a de facto relationship is generally recognised if the couple lived together on a genuine domestic basis for at least 2 years. However, the 2-year threshold does not apply where the couple has a child together, or where one party made substantial contributions and it would be unjust not to recognise the relationship. The definition of a de facto relationship looks at the whole circumstances — financial interdependence, domestic arrangements, public recognition, and the nature of the commitment.
Not automatically under Victorian intestacy rules alone — and the rules are complex where there are children from prior relationships or where family members dispute the relationship. A properly drafted Will is the safest way to ensure your partner inherits as you intend. Without one, the outcome depends on establishing the relationship through the Administration and Probate Act 1958 (Vic), which can be contested. We strongly recommend every de facto couple have current Wills in place.
Yes. The Family Law Act allows a person who is not a biological parent but who has acted as a parent to a child to apply for parenting orders. The court considers the nature and length of the relationship with the child, the degree of commitment shown, and the child's best interests. In same-sex families where one partner is the biological parent, the other parent can and should formalise their parental relationship through parenting orders or a parenting plan.
Yes. Superannuation splitting is available to de facto couples — including same-sex couples — on separation, in the same way as for married couples. A superannuation interest can be split by court order or by a superannuation agreement. This is particularly important where there is a significant difference in superannuation balances between partners. We advise on superannuation splitting as part of any property settlement.
De facto couples must commence property proceedings within 2 years of the date of separation. This is a strict time limit — unlike married couples (who have 12 months from divorce), there is no divorce event to signal the start of the clock for de facto partners. The date of separation can itself be disputed. If you are approaching the 2-year mark, seek legal advice immediately to ensure your rights are protected. See our property settlement page for more.
Same-sex couples who are legally married have the same rights as all married couples under the Family Law Act — including the 12-month post-divorce time limit for property claims (rather than the 2-year separation time limit for de facto couples). The practical differences are mainly around the time limits and the threshold for recognition. If you are in a same-sex de facto relationship and are considering whether to marry, legal advice on the implications is worthwhile.
Yes — absolutely. Even if you are recognised as de facto partners under the Family Law Act, dying without a Will creates uncertainty and risk. Victorian intestacy laws distribute estates in a set order that may not reflect your wishes, and can be challenged. A Will removes that uncertainty and ensures your partner, children, and other beneficiaries receive what you intend. A power of attorney also ensures your partner can act on your behalf if you are incapacitated. We recommend all de facto couples — regardless of how long the relationship has lasted — have both documents in place.
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Inclusive, experienced advice — whatever your relationship structure. Same week appointments available.