What It Means and What Your Legal Rights Are?

In Australia, you don’t have to be married to have legal rights as a couple. If you’re living together in a committed relationship, the law may recognise you as being in a de facto relationship—and that comes with important legal protections.

This page explains what a de facto relationship is, what rights you have, and how long you need to be together before the law applies.

What Is a De Facto Relationship?

A de facto relationship is when two people live together as a couple on a genuine domestic basis—but are not legally married. It includes both same-sex and opposite-sex couples.

You don’t need to register your relationship, sign a form, or wear rings. What matters is the nature of your life together.

The Family Court looks at things like:

• How long you’ve been together

• Whether you live together full-time or part-time

• Whether you share finances or own property together

• Whether you care for children together

• How you present yourselves to family and the community

No single factor decides it. It’s about the whole picture of your relationship.

Example: Emily and Jack

Emily and Jack have been living together for 3 years. They share a rental home, have joint bank accounts, and recently had a baby. They’re not married—but under Australian law, they’re considered to be in a de facto relationship, and have the same rights as a married couple when it comes to parenting, property settlement, and financial support if they separate.

Legal Rights of De Facto Partners

If you’re in a de facto relationship, you may have similar rights to married couples, including:

• Property settlement – how assets and debts are divided

• Spousal maintenance – financial support from one partner to the other

• Superannuation splitting

• Parenting rights if you have children

These rights apply when the relationship ends, just like they do in a divorce.

You can also apply to the Family Court to resolve disputes over finances, children, or property.

How Long Do You Need to Be Together?

Generally, your de facto relationship must have lasted at least 2 years before you can apply for legal entitlements like property settlement or spousal maintenance.

However, exceptions apply if:

• You have a child together

• You made substantial financial or non-financial contributions

• The relationship was officially registered with your state or territory

So even if it’s under 2 years, you may still have rights if one of these applies.

Protecting Your Rights

De facto couples can also make Binding Financial Agreements—just like prenups. These agreements set out how assets will be handled if the relationship ends, helping to avoid conflict and uncertainty.