Jonson Leo

One of the most common conversations we have with clients is about what rights they actually have after a de facto relationship ends. The answer almost always surprises them. Many assume they have very little recourse without a marriage certificate. In reality, Australian law provides substantial and enforceable protections for de facto couples, and those protections cover property, maintenance and children.

We help clients in Chadstone understand their legal position clearly and act on it effectively. Whether your relationship ended recently or some time ago, whether the separation was amicable or is now contested, we will give you honest advice on where you stand and what your options are.

What changed in 2009

Amendments to the Family Law Act that took effect in 2009 brought de facto couples in Australia fully within the same legal framework as married couples for the purposes of property division, spousal maintenance and parenting. That applies to all de facto relationships regardless of gender, and it does not depend on whether the relationship was ever formally registered or publicly recognised.

The practical effect is that a long-term de facto relationship carries real legal weight. The contributions each party made, financial and otherwise, are recognised. Future needs are taken into account. And the absence of a marriage ceremony does not strip you of entitlements the law says you have.

Whether your relationship qualifies

To bring a claim under the Family Law Act as a de facto partner, the relationship must have involved genuine cohabitation. Beyond that, at least one of the following must be established:

• The couple lived together for a minimum period of two years
• A child exists from the relationship
• One party made substantial contributions that would be unjust to ignore
• The relationship was formally registered under relevant legislation
• Genuine hardship would result for one party without a court order

An important note: the law can recognise a de facto relationship even if one party was still legally married to someone else during it. What matters is the lived reality of the relationship, not the formal status of the parties.

Resolving property and financial matters

The legal framework for dividing assets after a de facto separation is the same as the one that applies to divorcing couples. The court looks at what each party contributed throughout the relationship, including non-financial contributions, and weighs that against what each party needs going forward. Assets held solely in one party’s name are not automatically excluded from the assessment.

We handle de facto property matters of all kinds for Chadstone clients, from straightforward situations to complex cases involving significant assets, businesses, superannuation, family contributions and assets held in third-party structures.

The two year deadline

Property and maintenance claims arising from a de facto relationship must be commenced within two years of separation. This is a firm legal deadline and missing it means requiring court permission to proceed, which is not guaranteed. If you are within that window, or unsure when it opened, getting advice now is essential.

Speak with a de facto lawyer in Chadstone

Whether you are separating, already separated, or want to understand your position before anything changes, we are here with clear and practical advice.

Call us on 03 9793 7888 to book a free initial consultation.