Do de facto couples have the same rights as married couples in Queensland?

Since 2009, de facto couples in Queensland (and most of Australia) have been covered by the federal Family Law Act 1975. This means the law treats de facto relationships almost identically to marriages when it comes to separating assets and caring for children.

am I in a De Facto Relationship?

You are likely in a de facto relationship if you are not married but live together as a couple on a “genuine domestic basis.”¹ This applies to both opposite-sex and same-sex couples.

To make a claim for property settlement under the Family Law Act, you generally need to prove one of the following:²

1. Duration: You lived together for at least 2 years.
2. Children: You have a child together (even if the relationship was short).
3. Contribution: One party made substantial financial contributions, and it would be serious injustice if the order wasn’t made.
4. Registration: The relationship is registered under a state law (e.g., a Civil Partnership in Queensland).

Property Rights: Is it 50/50?

No. Just like married couples, there is no automatic 50/50 split. The court looks at:

• The net asset pool (house, superannuation, debts).
• Contributions: Who brought what in? Who earned the wages? Who cared for the home/children?
• Future Needs: Does one person have a lower earning capacity or care of children?

The process for dividing assets is essentially the same whether you were married for 20 years or de facto for 20 years.

The Critical Difference: Time Limits

There is one major difference you must know. The time limit to commence court proceedings for property settlement is strict:

• De Facto: You must apply within 2 years of the date of separation.
• Married: You have 12 months from the date the divorce becomes final (which could be years after separation).

If you are a de facto partner and you wait more than 2 years after breaking up, you may be permanently barred from claiming your share of the property.³

Parenting Rights

The law regarding children makes absolutely no distinction between married and unmarried parents. The paramount consideration is always the best interests of the child.⁴ Both parents have parental responsibility unless a court orders otherwise.

Related Family Law Topics

• How is property divided?
• Parenting orders explained
• Separation timeframes
• Family Law Practice Area

Protect Your Rights

Simply living together can create significant financial obligations. Whether you are moving in together (and want a Binding Financial Agreement to protect assets) or separating, Bell & Senior can advise you on your status.

Unsure of your rights? Contact our family law team today. Call (07) 5532 8777.