AustraliaMy de facto partner and I split up after 8 years. Am I entitled to property division?
Yes, you may be entitled to property division under the Family Law Act if your de facto relationship lasted at least 2 years or meets other qualifying criteria.
What the Law Says
The Family Law Act 1975 (Cth) gives de facto partners rights to property division similar to married couples — but only if certain legal conditions are met.
To apply for property division after a de facto relationship ends, the relationship must generally have lasted at least 2 years. However, exceptions apply if you have a child together, registered the relationship under a state or territory law, or made substantial contributions with serious injustice if no order were made.
You must file your application for property orders within 2 years of the date of separation. After that, you need the court’s permission — which is rarely granted.
The court considers all assets, liabilities, and financial resources of both parties — whether held jointly or separately — and divides them based on what is 'just and equitable', not necessarily 50/50.
There is no requirement to prove fault or wrongdoing — the process is 'no fault'. The court looks at contributions (financial and non-financial, including homemaking and parenting) and future needs (e.g., care of children, income disparity, health).
Statutory TextA de facto relationship is defined as a relationship between 2 people who live together on a genuine domestic basis, but are not legally married to each other or related by family.
— Family Law Act 1975 (Cth), s. 4AA — Interpretation
Statutory TextThe court may make an order under this Part in relation to the property of the parties to a de facto relationship only if: (a) the period of the de facto relationship was at least 2 years; or (b) there is a child of the de facto relationship; or (c) the relationship was registered…
— Family Law Act 1975 (Cth), s. 90SB — Jurisdictional requirements
Statutory TextAn application for an order under this Part… must be made within 2 years after the end of the de facto relationship.
— Family Law Act 1975 (Cth), s. 90SK — Time limit for applications
What to Do
Confirm whether your relationship meets one of the jurisdictional tests in section 90SB (e.g., 2+ years, child together, registered relationship, or substantial contributions + injustice).
Gather financial documents — bank statements, property titles, superannuation balances, debt records — for both parties.
Try mediation first: it’s compulsory before filing in court for most property disputes.
File an application in the Federal Circuit and Family Court of Australia within 2 years of separation — use Form 2 (Application for Consent Orders) or Form 3 (Application for Property Orders).
Seek legal advice early: eligibility and outcomes depend heavily on your specific facts and contributions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.