De Facto Relationships
De facto couples have many of the same rights and responsibilities as married couples under Australian family law. If your relationship has broken down, you may still need to resolve issues like property settlement, spousal maintenance, parenting arrangements, and child support.
At Wallen Family Law, we help de facto partners understand their rights, protect their interests, and reach fair, workable solutions after separation. Whether your matter is straightforward or involves complex financial or parenting issues, we guide you with clarity and care.
How We Can Help
We provide advice and representation in relation to de facto relationships, including:
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The Family Law Act recognises a de facto relationship where two people live together on a genuine domestic basis, even if they are not married. Factors include the length of the relationship, financial interdependence, property ownership, and whether you have children together. We advise you on whether your circumstances meet this definition.
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De facto partners are entitled to seek property settlements in much the same way as married couples. This can include dividing assets, businesses, superannuation, and liabilities. We help you negotiate fair settlements or represent you in court where necessary.
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If one partner cannot adequately support themselves and the other has the capacity to provide support, spousal maintenance may be payable. We advise on eligibility, negotiate fair arrangements, and act for you in court if required.
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Applications for property settlement or spousal maintenance must generally be made within two years of the date of separation. We provide strategic advice to help you act within time and protect your rights.
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When children are involved, the law treats de facto parents the same as married parents. We assist with parenting plans, consent orders, and resolving disputes to ensure children’s best interests remain the priority.
Common Questions De Facto Relationships
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Generally, you must have lived together for at least two years. However, shorter relationships may still qualify if you have a child together, made substantial contributions or other relevant factors.
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Yes. De facto couples can apply to the Family Court for property and financial settlements in the same way as married couples.
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Yes. The law allows spousal maintenance claims for de facto partners where one cannot reasonably support themselves and the other has the capacity to pay.
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You usually have two years from the date of separation to file an application for property settlement or spousal maintenance.
Next Steps
If your de facto relationship has broken down, it’s important to understand your rights early. We provide straightforward advice, fixed fee options for certain matters, and strong representation when needed.