De facto couples are often concerned about protecting their property interests. Once certain threshold requirements are met, people in a de facto relationship generally have the same property settlement rights as married couples. A separation lawyer can assist parties in arranging their property matters.
Key takeaways
Do you have a property claim after a de facto separation?
The first thing a lawyer can do is determine whether you have a claim to the property. Determining eligibility from the outset can save parties a lot of time and unnecessary costs.
Parties have to meet these basic criteria to be in a de facto relationship:
The parties aren’t married.
They lived together on a genuine domestic basis.
They’re not related.
Section 90SB of the Family Law Act outlines what the Federal Circuit and Family Court of Australia (FCFCOA) considers to decide if it can make an order for spousal maintenance or an alteration of property interests. The FCFCOA has to accept that at least one of the following criteria is satisfied:
The relationship lasted at least two years.
There’s a child of the relationship.
The de facto partner applying for the order made substantial contributions, and not making an order would be a serious injustice to the applicant.
The relationship was registered.
The Court may also consider certain factors to decide if there is a de facto relationship. This could include whether a sexual relationship exists and the degree of financial dependence or interdependence between the parties.
Your lawyer can advise on documentation to meet these requirements. This can be especially important if your former partner is denying that the relationship existed.
What a de facto separation lawyer does to protect your property
There are a variety of ways that a lawyer can help you manage your settlement after a de facto relationship ends, including:
Disclosure. You need to be able to identify and value the property pool. Many lawyers work with a network of professionals, such as accountants and valuation specialists, to get an accurate assessment. This is a critical step because parties may hide assets or financial resources to prevent them from being included in a settlement.
Asset protection. You can sometimes face issues with an ex-partner wasting or transferring assets. A lawyer can apply for an injunction to prevent them from accessing certain property.
Negotiation. Your lawyer may participate in negotiations to help you avoid accepting unfavourable divisions. They may provide independent legal advice as part of a financial agreement to protect your legal rights.
Court representation. A good lawyer tries to avoid litigation as much as possible. However, sometimes it’s unavoidable. Handling court proceedings effectively can reduce delays and keep costs manageable.
There’s generally a time limit for pursuing a property order. De facto partnerships typically have two years from the date of separation to begin the application. There are limited circumstances where parties may apply after this deadline with the Court’s permission. However, parties usually seek advice as soon as possible.
How the 2025 family law changes affect de facto property settlements
Read the Attorney General’s Department’s fact sheet on the Family Law Amendment Act 2024 for full details.
Important changes to the Family Law Act commenced on 10 June 2025, which have implications for property proceedings. The amendment included reforms, including:
How family violence affected each party’s future circumstances and ability to contribute to the relationship and the family’s welfare.
A separate framework for handling companion animals.
A lawyer who is up-to-date on the latest reforms is crucial to securing appropriate financial orders.
If you are in danger, call 000. For confidential support, you can contact 1800RESPECT on 1800 737 732 (24/7).
Conclusion
Property settlements can be frustrating for de facto partners. They need to be able to show that the relationship existed and navigate a lot of pitfalls during the settlement process. This is where a family lawyer can be important. Arranging documentation and managing negotiations or litigation can be a big help for clients. This is especially true in light of major changes to how the Court handles property matters.
Are you looking for a family lawyer?
Shanahan Family Law has extensive experience in property settlements. If you’re looking to obtain legal advice, contact us for a free discovery call.
