De Facto Relationships and Consent Orders

Under Australian family law, a de facto relationship exists when two people (regardless of gender) live together as a couple on a genuine domestic basis, but are not legally married to each other.

Courts consider multiple factors when determining whether a de facto relationship exists:

• Living arrangements — Whether you live together, how long the relationship has existed, and whether you share domestic duties.
• Financial arrangements — Whether you share financial responsibilities, jointly acquired property, or support each other financially.
• Social recognition — Whether friends, family, and the community recognise you as a couple.
• Commitment — Whether you share future plans, long-term commitments, and consider yourselves in a committed relationship.

Common misconception: While two years of cohabitation creates a legal presumption, shorter relationships can still qualify. De facto relationships don't require formal recognition or ceremonies — they're recognised based on the actual nature of your relationship.

This is the most important consideration for de facto couples. Unlike married couples, de facto couples have only two years from separation to apply for property orders.

The two-year period begins from your date of separation. Once this time has passed, you lose the automatic right to apply for property settlement orders. The court can only make orders if you demonstrate "hardship" — which is difficult to prove.

If you're approaching the deadline:

• Seek urgent legal advice immediately
• Consider filing a court application to preserve your rights, even if you hope to reach agreement
• Document why you haven't been able to apply earlier
• Don't assume you can negotiate indefinitely

Filing a court application doesn't mean you have to proceed to a contested hearing. Many people file to preserve their rights and then negotiate consent orders.

Once you establish that a de facto relationship existed, your property rights are essentially identical to those of married couples. The same four-step process applies: identify all assets and liabilities, value the net property pool, assess contributions, and consider future needs.

Courts recognise the same types of contributions:

• Financial contributions — Income, property brought into the relationship, gifts and inheritances.
• Non-financial contributions — Labour improving property, caring for children, homemaking.
• Parenting contributions — Primary care, supporting education, enabling the other party to work.

Special considerations: For shorter de facto relationships, courts may place greater emphasis on initial contributions. If you brought significant assets into the relationship, courts may give this more weight than in long-term marriages. De facto couples also have the same rights to superannuation splitting as married couples.