Yes, same-sex partners have the same legal rights as heterosexual couples when it comes to property settlement under the Family Law Act 1975 (Cth). Since 2009, Australian law has recognised same-sex de facto relationships, granting them the same rights as married and heterosexual de facto couples.

1. Legal Basis for Property Settlements

Property settlements for same-sex partners are governed by the Family Law Act 1975 and are handled by the Federal Circuit and Family Court of Australia (FCFCOA).

Same-sex partners can claim a property settlement if they meet the de facto relationship test (explained below) or have been legally married and are now divorcing.

2. Relationship Test: Are You Considered a De Facto Couple?

To be eligible for a property settlement, a same-sex partner must prove they were in a de facto relationship as defined by Section 4AA of the Family Law Act 1975. The court considers:

🔹 Duration of the relationship (typically at least 2 years, unless exceptions apply).
🔹 Living arrangements (whether they lived together on a genuine domestic basis).
🔹 Financial interdependence (joint bank accounts, shared expenses, or financial support).
🔹 Property ownership (joint assets, mortgage, or lease agreements).
🔹 Care of children (whether they had or raised children together).
🔹 Public perception (whether they were seen as a couple by friends and family).

💡 Key Point:
If the relationship lasted less than 2 years, a same-sex partner can still claim a property settlement if:
✅ There is a child of the relationship.
✅ One partner made significant financial or non-financial contributions.
✅ The relationship was registered in certain states (e.g., Victoria, NSW, QLD).

3. Timing Factor: When Can a Same-Sex Partner Apply for a Property Settlement?

⏳ Time Limits:

• Married same-sex couples must apply within 12 months of divorce.
• De facto same-sex couples must apply within 2 years of separation.
• If out of time, the applicant needs special permission (not guaranteed).

4. What Can Be Included in a Property Settlement?

🏡 Real estate – Family home, investment properties.
💰 Financial assets – Bank accounts, shares, savings.
💼 Businesses – Sole or jointly owned businesses.
📉 Superannuation – Can be split, even though it cannot be accessed until retirement.
🚗 Personal property – Cars, furniture, artwork.
📊 Debts – Loans, credit cards, and other liabilities.

💡 Important: Even if an asset is only in one person’s name, the court may still consider it as part of the settlement if it was used by both partners.

5. How Is Property Divided?

The court follows four key steps to determine a fair division of assets:

1️⃣ Identify all property & debts – Assets owned before, during, and after the relationship.
2️⃣ Assess contributions – Financial and non-financial (e.g., homemaking, childcare).
3️⃣ Consider future needs – Age, health, income, care of children, financial disadvantage.
4️⃣ Ensure a just and equitable outcome – The court ensures the division is fair, not necessarily equal.

🔹 Same-sex couples are entitled to property settlements just like heterosexual couples. The division is not automatically 50/50 but based on contributions and needs.

6. Do You Need to Go to Court?

Not always. A same-sex couple can avoid court by:
✔️ Negotiating a private agreement.
✔️ Using mediation or Family Dispute Resolution (FDR).
✔️ Applying for Consent Orders – A legally binding agreement approved by the court.

If no agreement is reached, the matter goes to court, where a judge will decide based on fairness.

7. Can a Same-Sex Partner Claim Spousal Maintenance?

Yes. A same-sex partner may be eligible for spousal maintenance if they cannot support themselves financially after separation, and their ex-partner has the capacity to pay. The court considers:
🔹 Age and health.
🔹 Income and ability to work.
🔹 Who is caring for children.
🔹 Financial resources of both parties.

💡 Time limit: Must apply within 12 months of divorce (married) or 2 years of separation (de facto).

8. Can a Binding Financial Agreement (BFA) Protect Assets?

Yes. A Binding Financial Agreement (BFA) (similar to a prenup) can help protect assets in case of separation. It must be:
✔️ In writing.
✔️ Signed by both parties.
✔️ Reviewed with independent legal advice.

💡 Same-sex couples can enter into a BFA before, during, or after a relationship to avoid disputes over property.

9. What If One Partner Wants to Relocate with a Child?

If a same-sex couple has children and one parent wants to move to another city or country, they must:
🔹 Get the other parent’s permission.
🔹 Apply to court if the other parent objects.
🔹 Show that the move is in the best interests of the child.

💡 Parental rights for same-sex couples are the same as heterosexual parents, and courts focus on child welfare.

Conclusion

✅ Same-sex partners have equal rights to property settlements under Australian law.
✅ Property division is based on fairness, not a fixed percentage.
✅ Time limits apply: 12 months for divorcees, 2 years for de facto couples.
✅ De facto relationships must meet the legal test to claim property division.
✅ Court is a last resort—mediation and agreements are encouraged.