Relationships · Property gateway
What is a de facto relationship under family law?
Under the Family Law Act, a de facto relationship is a couple living together on a genuine domestic basis who are not married or related. Being “together” socially is not always enough for a property case. The Act sets gateway tests.
Genuine domestic basis
More than a social label
No divorce
The relationship ends by separation
Property gateway
Usually 2 years, a child, or other statutory paths
WA differs
Western Australia has important local rules
The “are we de facto?” facts
The Act lists circumstances a court may consider: how long you were together, the nature of a common residence, whether a sexual relationship existed, financial dependence or interdependence, ownership and use of property, the care of children, and whether you presented as a couple. No one item is mandatory. Weekend relationships, “together but two houses,” and on-again patterns are where people get surprised — in both directions.
A joint lease is evidence. So is a secret second household. Social media captions are weak evidence and a poor place to invent a legal theory. If the status of the relationship will decide a house, you need advice and documents, not a vibe.
The property gateway
Even if you were de facto, a court usually needs an extra gateway before it will hear a property or maintenance case: typically a two-year relationship, a child, substantial contributions plus injustice if no order is made, or a registered relationship. There are also geographic connection rules.
Western Australia’s de facto property law has historically sat in a different legislative frame. If you lived in WA, do not assume an east-coast blog post applies. Use the Family Court of WA and a WA lawyer.
Parenting is different
Parenting law cares that you are parents (or otherwise concerned with the child’s care). It does not require a two-year de facto gateway. See parenting arrangements. Child support is also a different machine.
Time limits from the end of the relationship
De facto property and maintenance applications generally face a 24-month limit from the end of the relationship. The end date is a factual question — see separation. Courts can grant leave in some cases. Leave is not a plan. If you are close to two years, treat it as urgent.
BFAs and de facto couples
De facto couples can make binding financial agreements before, during or after the relationship, with the same stubborn formality: writing, independent advice, certificates. A “we’ll be fair if we break up” text is not a BFA.
Registration is a fact, not the whole story
Some states and territories allow registration of a relationship. Registration can matter for the property gateway. It is not the only way to be de facto, and the absence of registration is not a magic shield. Read the current Act and get advice if a house depends on the answer.
This page summarises publicly available Australian family-law concepts under the Family Law Act 1975 (Cth) and related court and agency materials. It is educational only. Confirm current forms, fees, time limits and practice directions with the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia), Services Australia, Legal Aid and a qualified lawyer. We do not host official court forms.
This website publishes general information about Australian family law. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
Questions people ask
What is a de facto relationship under family law?+
It is a relationship between two people who are not married or related by family, living together as a couple on a genuine domestic basis. Courts look at a list of circumstances — duration, finances, a shared home, sexual relationship, children, reputation as a couple — and no single factor is required.
When can a de facto partner apply for a property settlement?+
Usually if the relationship lasted at least two years, or there is a child, or the applicant made substantial contributions and a failure to make an order would be unjust, or the relationship was registered under a state or territory law. Geography and timing rules also apply. Get advice before you assume you are in or out.
Do de facto couples need a divorce?+
No. The relationship ends by separation. There is no divorce order. Time limits for property and maintenance generally run from the end of the relationship (often two years).
Need personalised advice?
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.