In today’s world, many committed relationships do not involve a ring or a wedding, but that doesn’t mean the law sees them any differently. In Australia, de facto relationships can carry the same legal weight as marriages, especially when it comes to property, finances, and separation.

But what actually counts as de facto? Can roommates qualify? What if you don’t live together full-time? And how can you protect your assets if love gets legally complicated?

We’ll look at the key facts below and discuss potential grey areas to be aware of, as well as how the Family Law Act defines de facto relationships, and how to manage family law financial matters.

What is a de facto relationship?

A de facto relationship is when two people, of any gender, live together as a couple on a ‘genuine domestic basis’ – but are not married to each other. Think of it as “marriage-like”, minus the ceremony or name change, but still legally recognised under Australian family law.

How are de facto relationships defined?

Under the Family Law Act 1975, a de facto relationship exists when a certain set of criteria is met, although every couple is unique.

You’re not legally married.
You’re not related by family.
You live together (or did) in a genuine domestic relationship.

What factors does the court consider when assessing a de facto relationship?

How long you’ve been together (generally 2 years, but there are exceptions).
Whether you live together.
If you share finances or property.
Whether you have a sexual relationship.
The degree of commitment and care (like raising kids).
Social recognition (do other people see you as a couple?).

Are you in a de facto relationship?

This is a question that people in a de facto relationship may not even be able to answer, because de facto relationships are not always as clear-cut as marriages.

If you’re:

Sharing a home
Pooling finances
Referring to each other as partners
Have joint responsibilities (kids, bills, etc)

…you might already be in one (surprise!).

Complicated aspects and grey areas of de facto relationships

Not every “living together” setup is de facto, and living apart doesn’t completely rule out a de facto relationship:

Roommates: If you’re just splitting the rent and Netflix, you’re probably safe.
Not living together full-time: You can still very much be considered de facto if there’s commitment and a shared life.
Still legally married to someone else: You can technically be in a de facto relationship with someone else at the same time (yes, really).
In a de facto relationship with more than one person: This can, and does, also happen.

This is why Australian family law looks at the whole picture, not just whether you share living costs or an intimate relationship over a period of time.

What if we don’t live together as a couple?

Australian family law doesn’t require you to be under the same roof 24/7 to qualify as de facto. There is a general rule of living together ‘at least a third of the time’, but again, it’s not always clear-cut. What matters is whether you’re in a genuine domestic relationship, and that can include couples who:

Live apart due to work (e.g., FIFO workers, military service)
Maintain separate homes but spend a lot of time together
Have lived together previously, but not currently (e.g., due to temporary separation or housing reasons)

Separation under one roof is also a consideration for de facto relationships. If you and your partner have made a choice to do this, it can be worth agreeing to a date in writing, such as in an email.

It’s crucial to be aware of the following situations:

Roommates or casual dating situations – these typically wouldn’t count, but could if presented in a certain light.
When one party thinks it’s casual, and the other thinks it’s committed, this can create a legal grey area.

Disputed de facto relationship statuses

If there’s a dispute, the court looks at many factors to decide if it’s de facto, such as:

Commitment to a shared life
Emotional and financial interdependence
Whether you present as a couple socially
Whether you have a sexual relationship
Sharing of finances or property
Raising children together

So even if you’re not cohabiting full-time, you might still be de facto if there’s a clear, ongoing relationship.

What steps can be taken to protect assets when entering into a de facto relationship?

Entering a de facto relationship doesn’t mean giving up control of your finances. You can protect yourself by:

Making a Binding Financial Agreement (BFA): This financial agreement is essentially a prenup for de facto couples. It outlines who gets what if things don’t go well. These agreements also allow for both partners to disclose their financial position (including assets and debts) early on.
Keeping finances separate: (e.g. bank accounts, property ownership).
Documenting contributions: (especially if you are bringing significant assets into the relationship).
Getting legal advice early: Being proactive often minimises litigation.

What is a registered relationship?

In some states (like NSW, Vic, QLD, ACT, Tasmania), you can formally register your relationship with the state government. It provides legal recognition (without marriage) and can help:

Prove a de facto relationship more easily.
Shorten the 2-year threshold in some legal matters.

Think of it as an “official de facto status”.

Disagreement about de facto relationship timelines

It’s common for couples to disagree on when things got serious, most especially during relationship breakdowns, when a property settlement is due to occur. One person may say it was 2021, the other swears it was 2023. This matters a lot for de facto couples because being together for 2 years is often the minimum time period (not always, but often) threshold for property and spousal maintenance rights to be granted.

The court looks at the facts, not anniversaries. Texts, joint leases, social media posts, shared bills—all of these things may be used to prove (or dispute) the start date of a relationship. For similar reasons, the other issue may be the date of the relationship breakdown. One person may feel, or state, that it ended a lot earlier than the other, which can make property settlement difficult for de facto partners.

If one person says it ended in 2025, and the other says it was 2023, there may be legal problems associated with financial settlement. This is because, for legal purposes, property settlement is meant to begin within 2 years of when a relationship breaks down, and if both parties don’t agree on the relationship end date, time limits may not be met.

How can unclear relationship timelines affect property matters?

When a de facto relationship breaks down, property settlement laws are very similar to those of married couples under the Family Law Act.

You can apply to the court for:

Division of property
Financial support, such as spousal maintenance
Superannuation splitting

You have 2 years from the date of separation to apply for a property settlement (unless you get special permission, which may not be granted if it would not cause a serious injustice to either party, or children involved in the relationship).

Managing property settlement after a de facto relationship ends

Here’s how to handle financial matters after a de facto relationship ends:

Get legal advice early so you understand your legal rights.
Make parenting arrangements if there are children involved as a priority.
List all assets and liabilities of yours and your ex-partners (joint and separate).
Consider all significant contributions, both financial and non-financial
Try to negotiate and reach an agreement.
If agreed, run it past a lawyer, and then formalise it through Consent Orders or a Binding Financial Agreement.
If you can’t reach agreement, you can apply to the court for orders.

Tip: Mediation or family dispute resolution is often far cheaper, faster and less stressful than court.

Final thoughts on de facto relationships

De facto relationships can be legally complex, emotionally confusing and often filled with grey areas. Whether you’re in one, leaving one or wondering if your “situationship” just turned into something legally binding, understanding your rights is crucial.

The good news? With the right knowledge and some practical steps, you can manage it with confidence.

Need some advice on de facto relationships and the law?

De facto relationships can be legally complex and often filled with grey areas. Whether you’re in one, leaving one, or wondering if your “situationship” just turned into something legally binding, understanding your rights is crucial.

If you need help protecting your assets early in a de facto relationship, or before moving in with someone, or assistance with parenting or property settlement after a relationship ends, get in touch with our team of de facto lawyers today.

Managing De Facto Relationships & Family Law in 2025