What Are You Entitled to When a De Facto Relationship Ends?

By Hayder Shkara, Director, ABA Lawyers · Law current as at October 2026

De facto couples in Queensland have largely the same rights as married couples when they separate. Property, superannuation, spousal maintenance and parenting arrangements are all dealt with under the Family Law Act 1975 (Cth) and by the Federal Circuit and Family Court of Australia. The main differences are proving that the relationship existed, and a strict time limit.

Were you in a de facto relationship?

A de facto relationship is one where two people who aren’t married to each other, and aren’t related by family, live together on a genuine domestic basis as a couple. Courts look at all the circumstances, including:

• how long the relationship lasted, and whether and how you lived together;
• whether there was a sexual relationship;
• financial dependence or interdependence, and how you arranged your finances;
• how you owned and used property;
• your commitment to a shared life;
• whether you had children together, or cared for children together;
• whether the relationship was registered; and
• how you presented yourselves to family, friends and the public.

No single factor decides it. A couple can be in a de facto relationship without living together full time, and same-sex relationships are treated the same way. Equally, a long relationship isn’t always a de facto one: in Jonah & White [2012] FamCAFC 200, a secret relationship of around 17 years, with separate households, was found not to be a de facto relationship.

When you can make a claim

Before the court can make property or maintenance orders, at least one of these must apply:

• the relationship lasted at least 2 years in total;
• there is a child of the relationship;
• the relationship was registered (in Queensland, as a civil partnership under the Relationships Act 2011); or
• one partner made substantial contributions, and not making an order would cause serious injustice.

There are also residence requirements, which are usually met if you lived in Queensland.

The 2-year time limit

You must apply to the court within 2 years of the date the relationship ended. After that you need the court’s permission (called “leave”), which isn’t guaranteed. Because there’s no divorce date to anchor it, the separation date itself can be disputed, so it’s worth recording when and how the relationship ended. If you reach an agreement, formalise it before the deadline, through consent orders or a binding financial agreement.

What we see in practice

“People generally do file their claims within the two-year deadline. But I’ve seen some wild ones, like 15 years out of time, because they didn’t understand the law when they separated.”

Hayder Shkara, Director, ABA Lawyers

Disputes about whether a de facto relationship existed at all are more common. The court decides on evidence, so records made during the relationship matter.

“Evidence that wins those arguments is anything that establishes you were in a relationship: photos, text messages, addresses, bank accounts, holidays together. I’ve seen a case where one person argued they weren’t in a de facto relationship, and they produced a photo of the other party sitting with someone of the opposite sex. It looked very romantic, and that person was showing their ring to the camera. That was pretty damning evidence.”

Hayder Shkara

Evidence can cut both ways. Proof that a partner was in a relationship with someone else can be just as decisive as proof of your own life together.

Property

De facto property settlements follow the same approach as for married couples. Since 10 June 2025, the court:

1. identifies each party’s existing legal and equitable rights and liabilities, and values the property pool;
2. considers each party’s financial and non-financial contributions, including as homemaker and parent, and the effect of any family violence;
3. considers each party’s current and future circumstances, such as age, health, earning capacity and care of children; and
4. decides what orders, if any, are just and equitable.

Property in either partner’s name can be considered, including assets acquired before, during and after the relationship. There’s no automatic 50/50 split. Read more about property settlement.

Superannuation

Super is treated as property and can be split between de facto partners by agreement or court order. A split doesn’t usually give you cash: it moves an amount into your own super fund, where the normal rules about accessing super still apply. Read more about superannuation splitting.

Spousal maintenance

A former de facto partner may be able to claim maintenance if they can’t adequately support themselves, for example because they care for a young child or because of their age, health or earning capacity, and the other partner can afford to pay. The 2-year time limit applies to maintenance claims too. Read more about spousal maintenance.

Children and child support

Parenting arrangements are decided the same way whether or not the parents were married or lived together: the child’s best interests come first. Our guide to custody schedules by age explains common arrangements. Child support is assessed by Services Australia, again regardless of the type of relationship. Read more about parenting matters.

Update your will

In Queensland, when a de facto relationship ends, gifts to the former partner in a will, and their appointment as executor, are generally revoked unless the will shows a contrary intention. Don’t rely on that rule: because the end date can be disputed, update your will after separation, and review any enduring power of attorney, which may not be revoked automatically.

Practical steps after a de facto separation

• Write down the date you separated, and keep evidence of it.
• Gather records: bank and super statements, loan documents, property titles and tax returns.
• Don’t sell, transfer or borrow against significant assets without advice.
• Get legal advice early, particularly about the 2-year deadline.

Watch: My ex drained our bank account. What happens now?

Hayder explains what you can do if money is withdrawn or moved around the time of separation, and how the court can take it into account.

Frequently asked questions

Do we have to have lived together to be de facto?

Usually you will have lived together, but not necessarily full time. The court looks at all the circumstances of the relationship, not one single factor.

Does a de facto partner automatically get half?

No. There’s no automatic 50/50 split. The court looks at contributions, each person’s current and future circumstances, and what is just and equitable.

Can I still make a claim more than 2 years after we separated?

Only with the court’s permission, which isn’t guaranteed. You would generally need to explain the delay and show you would suffer hardship if permission were refused.

Get advice about your situation

Every family is different. If you’d like clear advice about your next step, our North Lakes family lawyers can help. Get your free 15-minute family law action plan or call 07 3352 7666.

This article is general information only and isn’t legal advice. Please get advice about your own circumstances.