De Facto Property Settlement

Many people are surprised to learn that, when a de facto relationship ends, your rights to a property settlement are essentially the same as those of a married couple. Since 2009, de facto couples in Queensland — including same-sex couples — have been covered by the same property and spousal maintenance provisions of the Family Law Act 1975 (Cth) that apply to marriages. At Bruce Dulley Family Lawyers we help separating de facto partners across Brisbane secure a fair division of their assets, superannuation and debts.

The first question is whether the law recognises your relationship as "de facto". A de facto relationship exists where two people who are not married and not related live together on a genuine domestic basis as a couple. The Court looks at the whole picture: how long you were together, whether you lived in the same home, whether there was a sexual relationship, how you arranged your finances, who owned and used property, whether you had children together, and how the relationship was presented to family and friends. No single factor is decisive — it is the combined effect that counts. This matters because the existence and length of the relationship can be contested, particularly where the parties kept separate finances or did not live together full-time.

To be eligible to apply for a property settlement, you generally need to show one of the following: that the relationship lasted at least two years; that there is a child of the relationship; that you made substantial contributions and it would be unjust not to make an order; or that the relationship was registered. Where these thresholds are in dispute, early legal advice is critical, because proving the nature and duration of the relationship is the gateway to everything else.

Once eligibility is established, the process mirrors a matrimonial settlement. The Court identifies the asset pool (the home, savings, vehicles, businesses, superannuation and all liabilities), assesses each party's financial and non-financial contributions including the homemaker and parenting role, weighs the future needs of each person, and then arrives at a division that is just and equitable. Superannuation can be split between de facto partners just as it can between spouses. There is no preset percentage — the outcome depends on the facts of your relationship.

A crucial difference between de facto and married couples is the time limit. De facto partners must apply for property or maintenance orders within two years of the date of separation. This is a strict deadline. If you miss it, you must seek the Court's special permission to proceed, which is only granted in limited circumstances. Because separation in a de facto relationship can be gradual and the exact date disputed, we encourage clients to obtain advice promptly so this window is not lost.

Like married couples, de facto partners can formalise an agreement by Consent Orders or a Binding Financial Agreement, giving certainty, a clean break, and stamp-duty relief on property transfers. We also act in matters with complicating features — a jointly run business, property held in one name only, contributions that are hard to trace, or a former partner who disputes that a de facto relationship existed at all.

Our role is to protect your position, explain your realistic options, and resolve the matter as efficiently as possible — by negotiation or mediation where we can, and through the Court where we must. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.