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Are we de facto?

A 90-second check based on the Family Law Act criteria. Tells you if your relationship would likely qualify as de facto for property settlement in Australia.

Where it is leaning

Maybe

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Not de facto De facto

Question 1 of 7

Have you and your partner lived together in a genuine domestic relationship?

This tool gives general guidance only. It is not legal advice. For your specific situation, speak with a qualified family lawyer.

What counts as a de facto relationship in Australia?

Under section 4AA of the Family Law Act 1975, a de facto relationship exists when two people who are not married and not related have a relationship as a couple living together on a genuine domestic basis. There is no single test. A court weighs the whole picture, including how long you were together, whether you lived together, whether your finances were intertwined, whether you owned property together, and whether the relationship was known to others.

When can a de facto partner make a property claim?

To bring a property settlement claim, a de facto couple generally needs to meet at least one gateway: the relationship lasted at least two years in total, or there is a child of the relationship, or one person made substantial contributions and it would be unjust not to make an order, or the relationship was registered under a state or territory scheme.

Two common myths are worth clearing up. There is no automatic de facto status at six months, and reaching two years does not by itself decide how property is divided. The two-year mark is mainly about whether you can make a claim at all; the division then follows the same principles as for married couples.

If you have separated

De facto couples usually have two years from the date of separation to apply for a property settlement, which is a shorter window than the rule for married couples. If you think your relationship may meet the threshold, it is worth acting early. You can check your settlement deadline and work through the de facto separation checklist.