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Ending a de facto relationship comes with a lot of admin and a few real deadlines. Work through this list at your own pace. Your progress saves on this device.

De facto couples have 2 years from separation to apply for a property settlement. It is the one date on this page worth knowing exactly. Check your deadline

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The list is the admin. This is the money.

Once the urgent steps are done, the bigger question is how your assets, debts and super divide. Get a clear, private picture of your likely property split, so the settlement conversation starts from facts instead of guesses.

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What to do when a de facto relationship ends in Australia

De facto couples have real property rights. Under the Family Law Act 1975 (Cth), an eligible de facto partner can apply for a property settlement in much the same way as a married spouse, with the court deciding what is just and equitable under section 90SM. The catch is the clock: you have 2 years from the date of separation to apply. After that you generally need the court's permission to proceed out of time, which is why recording your separation date in writing is the first item on this list.

Money is usually the most urgent practical piece. Open an account in your own name, redirect your pay, and deal with joint accounts together where you can. Be careful with shared borrowing: lenders are not bound by family-court orders, so a joint loan stays the responsibility of both of you until it is refinanced or paid out, whatever a settlement says about who keeps the debt.

Some things do not update themselves when you separate. Tell Services Australia your relationship status has changed, sort your Medicare card, and review your will and any powers of attorney, because separation alone does not cancel them. Check your superannuation death-benefit nomination too, as your former partner may still be the named beneficiary. Remember that super itself counts as property under family law and can be divided by a splitting order or a superannuation agreement.

When you are ready for the settlement itself, start by listing every asset and debt in either name or joint names as at separation, then get appraisals for the big items. Most couples reach agreement without a courtroom and formalise it through consent orders or a binding financial agreement. Transfers made under those documents are generally exempt from transfer (stamp) duty in most states, which is one more reason to do it properly rather than informally.

This is general information, not legal advice. This checklist covers common steps after a de facto separation and is not exhaustive. Some items, like wills, powers of attorney and super nominations, have formal requirements that vary by state and fund. Every situation is different. For advice on your circumstances, speak with a qualified Australian family lawyer.

If you are going through a separation, Separately helps you understand your financial position clearly and privately, at your own pace.

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Data sources & references

These figures and legal points are general information for context only. They are not advice and not a prediction about any individual situation.