De Facto Relationships on the Central Coast

De Facto Relationships & Family Law

The Family Law Amendment (Defacto Financial and Other Matters) Act 2008, which came into effect largely on 21 November 2008 has brought property disputes of defacto couples under the Family Court umbrella. This means that the Family Law Act and principles in determining entitlements for a property settlement are now governed by the same legislation as married couples.

If you were in a defacto relationship, which can be a same sex relationship, the Court needs to find that a defacto relationship has been established and it has to be satisfied as follows:

1. The total period of the defacto relationship is at least two (2) years or
2. There is a child of the relationship or
3. A party has made substantial contributions which would lead to serious injustice if any order was not made or
4. The relationship is or was registered under a prescribed law of a State or Territory and
5. The parties have not substantially become married to each other.

Subject to these thresholds requirements being met the property and maintenance powers applied to financial affairs of defacto couples on relationship breakdown mirror those which apply to married couples under the Legislation.

What Is a De Facto Relationship?

A de facto relationship exists when two people—regardless of gender—are in a relationship as a couple on a genuine domestic basis, but are not legally married. The law considers various factors when determining whether a de facto relationship existed, including:

• The length of the relationship (generally at least two years)
• Whether the couple lived together
• Financial interdependence
• Ownership and use of property
• Whether the relationship was registered (if applicable)
• The care and support of children
• How others perceived the relationship

It is not necessary for every factor to be present, but the court will assess the relationship holistically to determine whether it qualifies as de facto.

Spousal Maintenance & Property Settlements in De Facto Relationships

Under the Family Law Act you can seek spousal maintenance if you are unable to support yourself from your own resources and your partner has the capacity to pay maintenance to you. A carer of a child is entitled to child support under the Child Support Assessment Act from the other parent of the child, irrespective of marriage.

If you need to commence proceedings for alteration of property interests you must do so within two (2) years from the date of separation or such further date if the court grants leave to do so.



To ensure you protect your rights and entitlements contact Linda Emery & Associates for advice on how to proceed.

Legal Rights Following Separation

If a de facto relationship breaks down, either party may apply to the Family Court or Federal Circuit and Family Court of Australia for financial orders, including:

• Property settlement
• Spousal maintenance
• Superannuation splitting

To be eligible to apply, the relationship must meet one of the following conditions:

• Lasted for at least two years
• Produced a child
• Involved substantial financial or non-financial contributions
• Was registered under state or territory law

Applications must generally be made within two years of the date of separation. After that time, court permission is required to proceed.

Parenting Arrangements

De facto couples who have children together are subject to the same laws governing parenting arrangements as married couples. The best interests of the child  remain the primary consideration when determining parental responsibility, living arrangements, and visitation. Parenting matters can be resolved through informal agreements, parenting plans, or legally binding consent orders.

Formalising Agreements

Following separation, parties are encouraged to reach agreement on property and parenting matters where possible. Agreements can be made legally binding through:

• Consent Orders, approved by the court
• Binding Financial Agreements (BFAs), which require independent legal advice for each party

These legal documents help provide certainty and structure for both parties, reducing the likelihood of future disputes.

Why Legal Advice is Important

De facto relationship matters can be complex, especially when property, finances, or children are involved. Seeking legal advice early can help you understand your rights, protect your interests, and ensure that any agreements you make are legally enforceable.