If you’re in a de facto relationship in Australia, you may be entitled to a share of assets, financial support, and even a portion of your partner’s superannuation if the relationship ends.
Your entitlements largely depend on factors like the length of the relationship, financial contributions, and shared responsibilities such as children or household duties.
Understanding these rights can help you prepare for potential challenges and ensure fair outcomes.
Understanding De Facto Relationships in Australia
A de facto relationship is defined under Australian law as a relationship where two people (regardless of gender) live together on a genuine domestic basis without being married.
The law recognises de facto relationships as having similar legal standing to married couples when it comes to property settlements and financial support.
Key Takeaway: Even if you’re not legally married, you may have similar rights regarding property and financial claims if your relationship meets the criteria of a de facto relationship.
Your Property Rights in a De Facto Relationship
In the event of a separation, property division follows the Family Law Act 1975. Assets acquired both before and during the relationship may be considered for division, including:
- Real estate
- Bank accounts
- Vehicles
- Investments
- Superannuation
- Debts and liabilities
The court considers contributions made by both parties — not just financial input, but also non-financial contributions such as parenting or homemaking.
Example: If you dedicated time to caring for children while your partner focused on earning income, your contribution as a caregiver holds significant value in the property settlement process.
Key Takeaway: Your financial and non-financial contributions are equally important when determining property division.
Need a Lawyer?
Financial Support (Spousal Maintenance)
If your relationship ends and you cannot meet your financial needs, you may be entitled to spousal maintenance.
This type of financial support is designed to help you manage living expenses if your former partner has the capacity to provide assistance.
Eligibility for spousal maintenance depends on factors like:
- Your age and health
- Your ability to earn an income
- The financial resources available to both parties
- The length of your relationship
Key Takeaway: You may be eligible for spousal maintenance if you’re unable to meet your financial needs after separation.
Superannuation Splitting in a De Facto Relationship
In Australia, superannuation is treated as property under the Family Law Act. If you separate from your partner, you may be entitled to a portion of their superannuation savings.
Superannuation splitting can occur through:
- A superannuation agreement (a formal written agreement)
- Court orders if no agreement is reached
However, superannuation remains preserved until retirement age, meaning you won’t have immediate access to these funds.
Key Takeaway: If your partner has significant superannuation savings, you may be entitled to a portion even if you cannot access it immediately.
Parenting and Child Support
If you share children with your former partner, decisions regarding parenting arrangements and child support are often required. The court’s primary concern will always be the best interests of the child.
Parenting arrangements may cover:
- Custody agreements
- Living arrangements
- Schooling and healthcare decisions
In terms of child support, the Department of Human Services (DHS) helps calculate fair payments based on both parents’ incomes and care responsibilities.
Key Takeaway: Your child’s well-being will always be prioritised, and you may be entitled to financial support to assist with their upbringing.
Time Limits for Making a Claim
If you plan to make a financial or property claim after your relationship ends, it’s important to act quickly. In Australia, you must initiate your claim within two years of your relationship breakdown.
Failing to meet this deadline may limit your ability to pursue financial settlements, though exceptions can sometimes apply in special circumstances.
Key Takeaway: If your de facto relationship has ended, it’s important to address financial matters within two years to protect your entitlements.
Steps to Protect Your Entitlements
Taking proactive steps can help safeguard your rights in a de facto relationship:
- Document Financial Contributions: Keep records of your financial input, shared assets, and expenses.
- Consider a Binding Financial Agreement: Similar to a prenup, this legal document outlines how assets will be divided if your relationship ends.
- Seek Legal Advice: Consulting a family lawyer can provide clarity on your rights and guide you through the legal process.
Navigating your entitlements in a de facto relationship can be complex, but understanding your rights can provide peace of mind.
Whether you’re concerned about property division, financial support, or parenting arrangements, knowing what you’re entitled to ensures you’re prepared for whatever lies ahead.