In short, yes, for most purposes under the Family Law Act 1975, de facto couples have the same rights as married couples when it comes to property settlements, including superannuation.

To be recognised as a de facto relationship, you generally need to have:

• Lived together on a genuine domestic basis for at least two years, or
• Have a child together, or
• Made significant financial or non-financial contributions to the relationship

Once your relationship meets these criteria, super can be considered part of the asset pool and may be split.

Super isn’t like cash or property that can be handed over directly. Instead, it’s split through a legal process called a superannuation splitting order or super agreement. This doesn’t mean anyone can withdraw it early, it just reallocates how much each party gets when it becomes accessible.

There are two ways to do this:

1. By agreement: You and your ex-partner can agree on how to divide the super and have it formalised through a binding financial agreement or consent orders.
2. By court order: If you can’t agree, the court can decide how to split the super based on the usual property division factors (contributions, future needs, etc.).

Here’s what you need to keep in mind:

• Superannuation is treated as property, even though it’s not immediately accessible.
• The court considers both financial and non-financial contributions, including parenting and homemaking.
• You’ll need to provide full financial disclosure, including current superannuation balances.
• A Form 6 Declaration and Superannuation Information Form may be required when applying for court orders.
• Both parties must receive independent legal advice if entering into a binding financial agreement.

In many relationships, especially where one partner has taken time off work to raise children or work part-time, there can be a big difference in super balances. Super splitting can help address that imbalance and ensure a fairer outcome. For example, if one partner has significantly more super and the other has contributed to the household in other ways, a split can help the lower-earning partner secure financial stability later in life.

If you’re separating from a de facto partner, it’s important to understand your rights when it comes to superannuation. It’s not just about what’s in your wallet now, your future retirement savings matter too. Whether you’re negotiating an agreement or need help going through the court process, speaking to a family lawyer can help make sure your entitlements are protected and everything is handled properly from the start.