How are property issues dealt with for de facto relationships?


On the breakdown of a de facto relationship, property issues are dealt with by state laws.

State courts (rather than the Family Court of Australia) have jurisdiction. If you are in a de facto relationship, it is important to understand the laws that apply in your state.

In New South Wales, for example, it is usually necessary to demonstrate that you lived in a de facto relationship for at least two years, although in some situations it is possible to make a claim for a property settlement if the relationship lasted less than two years - for example, if there is a child of the partners. Once an application for a property settlement has been made, the court will consider the financial and non-financial contributions of each de facto partner in making a property settlement.

For matters involving ex-nuptial children of de facto couples, it is still necessary to make an application to the Family Court of Australia, the Federal Magistrates Court or the Family Court of Western Australia.

De Facto Relationships & Same Sex Relationships FAQs

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