Yes. De facto couples have almost the same rights as married couples when it comes to property settlement and spousal maintenance. This means you can apply to the Family Court or Federal Circuit and Family Court of Australia to divide property, superannuation, and other assets following separation.

There is a strict two-year time limit after the date of separation to apply for a de facto property settlement. After that period, you’ll need special permission from the court to proceed, and extensions are only granted in limited circumstances. So, it’s important to seek legal advice early to avoid missing the deadline.

The court follows the same four-step process used in divorce property settlements:

Identify and value all assets and liabilities.
This includes homes, cars, businesses, investments, superannuation, and debts, regardless of whose name they’re in.

Assess contributions.
Both financial (income, savings, property) and non-financial contributions (home maintenance, parenting, or supporting the other’s career) are considered.

Consider future needs.
The court looks at factors like income, health, care of children, and future earning capacity to ensure a fair outcome.

Ensure the result is just and equitable.
The final division must be fair based on each party’s circumstances and contributions.

While the legal process is similar, the main differences for de facto couples are around proving the relationship and meeting eligibility criteria. Unlike married couples, de facto partners must show evidence that the relationship met the legal definition such as shared finances, living arrangements, joint assets, or statements from friends and family. Once that’s established, the property division process mirrors that of divorce proceedings.

Not always. Many de facto couples are able to reach an agreement through negotiation or mediation, without needing a formal hearing.

Once an agreement is reached, it can be formalised through:

• A Binding Financial Agreement (BFA), or
• Consent Orders, approved by the court.

These documents make the agreement legally binding and help protect both parties from future claims.

Separation is difficult enough without the added uncertainty of dividing assets. Whether you’re just separating or still unsure about your eligibility, getting family law advice early can make a big difference in protecting your financial future. A family lawyer can help you understand your rights, gather the right evidence, and reach a fair and efficient outcome, whether through agreement or, if necessary, court proceedings.