In Australia, many people assume that only married couples have legal rights when it comes to property, finances, and family matters. However, unmarried couples in de facto relationships also have legal protections under Australian law. Whether you’re living with a partner, considering moving in together, or separating from a long-term relationship, understanding your legal rights is crucial.
In this article, we’ll explore the rights of unmarried couples in Australia, how de facto relationships are recognised, and what legal protections exist in areas such as property, finances, children, and inheritance.
What is a De Facto Relationship in Australia?
In Australia, the term “de facto relationship” refers to a couple living together on a genuine domestic basis but who are not legally married. These relationships are governed by the Family Law Act 1975 (Cth), which provides de facto couples with many of the same rights as married couples, particularly in property settlements, financial support, and parenting arrangements.
To be considered de facto under Australian law, you generally need to meet the following criteria:
- Live together in a domestic relationship (although not necessarily full-time).
- Share finances or assets to some degree.
- Be in a committed relationship for at least two years (unless there are children or significant contributions involved).
Each case is considered individually, and not all cohabiting couples qualify as de facto partners. The Australian Government provides detailed guidelines on what constitutes a de facto relationship under the Family Law Act.
Legal Rights of Unmarried Couples in Australia
Unmarried couples in de facto relationships have rights similar to those of married couples in several key legal areas:
1. Property Rights & Asset Division
One of the most significant legal protections for unmarried couples relates to property settlement after separation. Under the Family Law Act, de facto couples who separate can apply for a property settlement in the Family Court or Federal Circuit Court.
When dividing property, the court considers:
- Financial contributions (e.g., income, property purchases, investments).
- Non-financial contributions (e.g., homemaking, childcare).
- The needs of each partner moving forward (e.g., income disparity, caregiving responsibilities).
???? Tip: If you’re in a de facto relationship, consider creating a Binding Financial Agreement (BFA)—similar to a prenuptial agreement—to clarify asset division if the relationship ends.
For more information, visit the Federal Circuit and Family Court of Australia: Family Law Property Settlement.
2. Financial Support (Spousal Maintenance)
If a de facto relationship ends and one partner is unable to financially support themselves, they may be entitled to spousal maintenance—just like in a marriage. To qualify, you must prove:
- You are unable to adequately support yourself.
- Your former partner has the financial means to provide assistance.
The court assesses factors such as age, health, income, and caregiving responsibilities before granting maintenance.
3. Superannuation & Inheritance Rights
Unlike married couples, de facto partners are not automatically entitled to each other’s superannuation benefits or estate. However:
- You can nominate your de facto partner as a beneficiary of your superannuation.
- If a partner dies without a will, the surviving de facto partner may have to prove their relationship to claim inheritance rights.
???? Tip: Ensure your estate planning is in order by writing a valid will and making a binding superannuation nomination. Learn more about superannuation death benefits on the Australian Taxation Office (ATO) website.
4. Parental Rights & Child Support
Unmarried couples have the same parental rights and responsibilities as married couples when it comes to child custody and child support. If a de facto couple separates, both parents remain responsible for:
- Child custody arrangements (which can be agreed upon or settled in court).
- Child support payments, which are assessed by Services Australia.
For further details, visit Services Australia – Child Support.
How to Protect Your Rights as an Unmarried Couple
If you’re in a de facto relationship, taking proactive steps can help safeguard your financial and legal interests. Here are some key actions:
1. Register Your Relationship
In Victoria, de facto couples can register their relationship with Births, Deaths, and Marriages Victoria. This can provide stronger legal recognition of your relationship, making it easier to prove legal rights in case of separation or death.
2. Create a Binding Financial Agreement (BFA)
A BFA (also known as a cohabitation agreement) sets out how assets will be divided if the relationship ends. This can prevent costly disputes and ensure both partners’ financial interests are protected.
3. Update Your Estate Planning
Ensure your will, superannuation nominations, and power of attorney documents reflect your current relationship and wishes.
What Happens When a De Facto Relationship Ends?
When a de facto relationship ends, both partners have the right to:
- Seek a property settlement within two years of separation.
- Apply for spousal maintenance (if eligible).
- Negotiate parenting arrangements for children.
Disputes can often be resolved through mediation rather than court. If you need legal assistance, consult a family lawyer for guidance on your rights.
Although unmarried couples don’t have the same automatic legal protections as married couples, de facto relationships are recognised under Australian family law. Whether it’s property, financial support, superannuation, or parental rights, de facto partners have legal options available to protect their interests.
If you are in a de facto relationship or separating from one, it’s crucial to understand your legal rights and take the necessary steps to protect yourself and your assets.
???? Need expert legal advice? Book a consultation with Irvine Lawyers today.