What is a De Facto Relationship in Australia?

Think you’re in a de facto relationship, but not quite sure what that means legally? With over 2.17 million Australians living in de facto relationships as of the 2021 census (that’s roughly 11.5% of all Australians aged 16 and over), understanding your legal rights and obligations matters more than ever.

Quick Answers

• A de facto relationship exists when two people live together as a couple on a genuine domestic basis, but aren’t married or related by family
• You don’t need to live together for two years to be in a de facto relationship, but it helps establish one automatically
• De facto couples have the same property and financial rights as married couples under Australian law
• You have just two years from separation to apply for a property settlement

What Is a De Facto Relationship?

A de facto relationship in Australia is defined under Section 4AA of the Family Law Act 1975. It’s when two people – whether same-sex or opposite-sex – live together as a couple on a genuine domestic basis without being legally married.

Here’s what makes it official: you’re not married to each other, you’re not related by family, and you’re living together in what the law calls a “genuine domestic basis.” That last part is where things get interesting, because it’s not just about sharing a house or a bed.

What Does “Genuine Domestic Basis” Mean?

This is the phrase that trips people up. The courts look at your whole relationship, not just one factor. They’ll consider:

• The length of your relationship and whether you’ve lived together. 
• Whether you share a sexual relationship. 
• If you have children together. 
• How you manage money – are finances joint or separate? 
• Whether you own property or assets together. 
• Your level of commitment to each other and plans for the future. 
• How you present yourselves to friends and family – do people see you as a couple?

The court doesn’t need all of these boxes ticked. Your relationship is assessed on its own circumstances, which means two couples with completely different living arrangements could both qualify as de facto.

How Long Do You Need to Live Together?

Here’s where the two-year rule comes in – and it’s widely misunderstood. If you’ve lived together for at least two years, you automatically meet the threshold for a de facto relationship under the Family Law Act 1975. The court doesn’t question it.

But – and this is crucial – you can be in a de facto relationship for less than two years. According to recent Australian Bureau of Statistics data, marriage rates have steadily declined (just 5.5 marriages per 1,000 people in 2024, down from 9.3 in 1976), whilst de facto relationships have tripled since 1986.

The court will recognise relationships under two years if you have a child together, if you made significant financial contributions, or if one partner would face serious injustice without legal recognition.

What Rights Do De Facto Couples Have?

De facto couples have virtually the same legal rights as married couples in Australia. This covers:

Property Settlement

If your relationship ends, you can apply to divide assets and debts just like divorcing couples. But there’s a catch – you must apply within two years of separation. Miss that deadline, and you’ll need the court’s permission to proceed, which isn’t guaranteed.

Spousal Maintenance

If one partner can’t support themselves after separation, they may be entitled to financial support from their ex-partner. The court considers income, earning capacity, and whether caring for children impacts an individual’s ability to work.

Children’s Matters

Parents in de facto relationships have identical rights to married parents regarding parenting arrangements, child support, and custody decisions.

Protecting Yourself in a De Facto Relationship

If you’re entering a de facto relationship – or already in one – a Binding Financial Agreement can protect assets you’ve brought into the relationship and clarify what happens if you separate. Both parties need independent legal advice before signing, and the agreement must meet specific legal requirements to be valid.

Understanding whether you’re in a de facto relationship isn’t just academic – it affects your property rights, financial obligations, and your children’s future. If you’re uncertain about your relationship status or facing separation, getting proper legal advice early makes all the difference.

Thinking about de facto separation or concerned about your property rights? Our experienced de facto separation lawyers help Townsville residents navigate relationship breakdowns with clarity and compassion. We’ll assess your specific situation, explain your legal options, and fight for a fair outcome.