In short
There's no legal process to end a de facto relationship - you just separate. If you were together at least 2 years, have a child together or meet another eligibility rule, the law treats your property, super and children essentially the same as a married couple's. There's a strict deadline: apply for property orders within 2 years of separating.
What counts as a de facto relationship?
A de facto relationship is when two people who aren't married to each other, and aren't related, live together as a couple on a genuine domestic basis. It applies to same-sex and opposite-sex couples, and can exist even if one partner is still legally married to someone else.
No single thing decides it. The court looks at the whole picture, including:
- how long you were together and whether you lived together
- whether you shared finances or relied on each other financially
- whether you owned or bought property together
- whether you were committed to a shared life
- whether you cared for children together
- whether you registered the relationship
- how you presented as a couple to family, friends and the public
Who can make a de facto property claim?
To make a property claim, you need to meet one of these:
- you were together for at least 2 years in total (separate periods can be added together)
- you have a child together
- your relationship was registered under a state or territory law
- you made substantial contributions and missing out would be a serious injustice
There's also a connection test - generally, one of you must live in a participating state or territory (everywhere except WA) when applying, and you must have a sufficient connection to those states during the relationship.
Strict deadline: 2 years from separation. You must apply for property or maintenance orders within 2 years of the relationship ending. After that you need the court's permission, usually by showing hardship, and it isn't guaranteed.
How is property divided after a de facto separation?
Outside WA, the court uses the same approach as for married couples. It looks at what you both own and owe, what each of you contributed (financial and non-financial, including caring for children), each person's current and future circumstances, and whether the result is fair. There's no automatic 50/50. Super can be split too. Read more on property settlement.
You also have the same duty as married couples to fully disclose your finances.
Do de facto parents have the same rights for children?
Yes. Children of de facto couples are treated exactly the same as children of married couples. The same best-interests test applies, and the same options are available. See parenting arrangements.
How do you make a de facto settlement legally binding?
There are two ways: consent orders, which a court registrar checks, or a binding financial agreement, which is a private contract.
Consent orders
You agree, file an Application for Consent Orders with the proposed orders, and a court registrar checks it's fair. No court appearance. More on consent orders.
Binding financial agreement
A private contract. Each of you must get independent legal advice before signing. It stops being binding if you later marry each other.
How do you prove a de facto relationship?
You prove it with evidence, which you'll need if your ex disputes that you were in a de facto relationship, or how long it lasted. Helpful documents can include a joint lease or mortgage, shared bills, joint bank accounts, tax or Centrelink records listing your partner, super or insurance nominations, photos and travel together, and statements from family and friends.
How does ezysplit help with a de facto separation?
- Tell Rachel your storyWhen you got together, when you separated, and what you own and owe. Rachel checks the 2-year clock straight away.
- Check you qualifyRachel works through the eligibility rules and flags anything a lawyer needs to look at, like a short relationship or a WA connection.
- Legal advice on a fair splitA family lawyer advises on a fair outcome using the factors the court applies.
- Make it bindingRachel prepares your Application for Consent Orders and proposed orders. Your lawyer reviews them before filing.
How is de facto separation different in WA?
In WA, de facto property and parenting matters are handled under WA law in the Family Court of Western Australia. The rules are similar, but there are differences - for example, if you were together less than 2 years and have a child, you also need to show serious injustice. Super can still be split. Rachel will tell you if WA law applies to you.
Frequently asked questions
Do we need to get divorced or file anything to separate?
No. There's no legal process to end a de facto relationship - you just separate. The paperwork is about dividing property, and parenting arrangements if you have children.
How long do we need to have been together?
Usually at least 2 years in total. You can still qualify with less if you have a child together, registered your relationship, or made substantial contributions where missing out would be a serious injustice.
What's the deadline?
2 years from the date you separated. After that you need the court's permission, which usually means showing hardship. Don't leave it late.
Is the split worked out differently from married couples?
No. Outside WA, the court uses the same approach as for married couples: what you own and owe, what each of you contributed, each person's future needs, and whether the result is fair. There's no automatic 50/50.
Can we split super?
Yes, in every state and territory, including WA.
Do I have fewer parenting rights because we weren't married?
No. Children of de facto couples are treated exactly the same as children of married couples.
What if one of us is still married to someone else?
You can still be in a de facto relationship in the eyes of the law. The existing spouse may need to be notified of the application.
I'm in WA. What's different?
Your matter runs under WA law in the Family Court of Western Australia, including parenting matters for unmarried parents. The rules are very similar, but there are some differences in eligibility and a WA connection test.
Sources checked 19 October 2026: FCFCOA - De facto relationships · FCFCOA - Apply for property and financial orders · FCFCOA - How do I apply for consent orders? · Family Law Act 1975 (current compilation) · Family Court of WA - De facto relationships · Legal Aid Victoria - De facto relationships · Legal Aid WA - De facto