De Facto Lawyers Melbourne
Separating from a de facto partner, or moving in with someone and want to protect what you have built? Get advice from experienced de facto lawyers before you agree to anything.
In Victoria, de facto couples who separate have largely the same property and maintenance rights as married couples under the Family Law Act 1975. But before any of that applies, you need to show the relationship was a de facto relationship, and you need to act within 2 years of separating.
People are often surprised by who our de facto clients are. It is not only younger couples who never married. A large part of our work is for people who have found a partner in the second part of their lives, often with a home, super, a business or an inheritance behind them. Some want a binding financial agreement before they move in together. Others are separating and need to know where they stand.
We advise on whether you have a claim, what a fair division looks like and how to make it legally binding. If your former partner says the relationship was never de facto, we have run many threshold hearings and know the evidence the court relies on.
If you were married rather than de facto, see our property settlement lawyers page.
Move forward with clarity and confidence.
No Single Rule Makes You De Facto
The biggest misconception we see is that a set period of time makes you de facto. It does not. We have seen couples who had been seeing each other for more than 10 years found not to be in a de facto relationship, and couples who had been together for about a year who were.
The court looks at the whole relationship, so before you assume you do or do not have a claim, get advice on how your relationship is likely to be viewed.
We act for de facto partners across Melbourne and regional Victoria, including same-sex couples, from straightforward separations to asset pools with businesses, trusts and inheritances.
If you are in the second part of your life, with wealth behind you or an inheritance coming, a binding financial agreement is worth having.
Hayder ShkaraDirector & Practice Manager, Melbourne Family LawyersExperienced De Facto Lawyers in Melbourne
De facto matters usually turn on two questions: was it a de facto relationship, and what is a fair division? We advise on both, including:
- Whether you are de facto
- Threshold hearings
- Late claims after 2 years
- Property settlements
- Financial agreements
- Protecting inheritances
When Is a Relationship De Facto? What the Court Looks At
Under section 4AA of the Family Law Act, a de facto relationship is one where two people who are not married to each other, and are not related, live together as a couple on a genuine domestic basis.
No single factor decides it, and you do not need to tick every box. The court weighs up all the circumstances, including:
How long you were together
Whether you lived together
Shared finances and property
Commitment to a shared life
How others saw you as a couple
The court can also consider whether there was a sexual relationship, whether you cared for children together, and whether the relationship was registered.
What evidence decides it?
In threshold hearings we have relied on photographs, text messages and records of where each person was living.
In one matter we ran, a photograph showed one party with another partner, both wearing rings. It established that person was in another relationship and that the relationship was not exclusive, and the court found there was no de facto relationship.
Another relationship does not automatically rule out a de facto relationship, but it is often the most contested issue. In some matters private investigators are involved to establish whether another relationship exists.
Can You Make a Property Claim?
Even if the relationship was de facto, the court can only make property orders if at least one of these applies:
- The relationship lasted at least 2 years in total
- There is a child of the relationship
- You made significant contributions, and it would be a serious injustice if no order were made
- The relationship was registered, for example on the Victorian Relationships Register
- You or your former partner have the required connection to Victoria or another participating state (every state except WA)
- You apply within 2 years of separating, or the court gives you leave to apply late
Missed the 2-year deadline? Do not assume it is too late. People often come to us years after separating, once they realise they should have made a claim. We have successfully obtained leave to apply out of time, including for a client who came to us around 20 years after the relationship ended. You need to show that you, or a child, would suffer hardship if leave were not granted.
Separated recently? Read ending a de facto relationship in Victoria for the first steps.
A binding financial agreement (BFA) lets de facto couples decide how property will be divided if they separate, without going to court. You can make one before you move in together, during the relationship or after you separate.
We especially recommend them for people:
- Entering a relationship in the second part of their lives
- With established wealth, property or a business
- Expecting an inheritance
- Who want to protect assets for children from an earlier relationship
A BFA is a powerful document if it is done correctly. Each of you must get independent legal advice, and the agreement must be properly drafted and signed, or it can be set aside later. We draft and review agreements with that in mind. Read more about cohabitation agreements, or see our prenup lawyers page.
Most de facto separations settle without a court hearing. Once you agree, we prepare an Application for Consent Orders for the Federal Circuit and Family Court of Australia. Once made, consent orders are as binding as orders made by a judge after a trial.
A de facto settlement by consent normally takes about 6 months to negotiate and finalise, depending on how quickly financial disclosure is exchanged and how many sticking points there are.
If it suits your situation better, the agreement can instead be recorded in a binding financial agreement after separation.
If your former partner says the relationship was never de facto, the court may decide that question first, at a separate threshold hearing, before it looks at how property should be divided. If you cannot establish the relationship, there is no property claim.
Evidence can include photographs, text messages and social media, where each of you lived and received mail, joint finances, and what family and friends understood the relationship to be.
We have run many of these hearings, both for people establishing a relationship and for people disputing one. Getting the evidence organised early often decides the outcome.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
What is a de facto relationship in Victoria?
A de facto relationship is a relationship between two people, of any gender, who are not married to each other and are not related, and who live together as a couple on a genuine domestic basis. Whether a relationship qualifies depends on all the circumstances, not one test.
For the differences between partners and spouses, read is a de facto a spouse?
Key tip: Do not rely on how you describe the relationship yourselves. The court looks at how you actually lived.
How long do you have to be together to be de facto?
There is no minimum period to be in a de facto relationship. The 2-year period matters for something else: it is one of the ways to qualify to make a property claim. If you were together for less than 2 years, you may still have a claim if you have a child together, made significant contributions, or registered the relationship.
We explain the common 6-month myth in de facto relationship rules.
Key tip: Length alone does not decide it. We have seen 10-year relationships that were not de facto and 1-year relationships that were.
How long do I have to make a claim after we separate?
You usually have 2 years from the date you separated to apply for property orders or de facto maintenance. After that, you need the court’s permission (leave) to apply out of time, and you must show hardship if leave is refused.
We have obtained leave for clients years after separation, including one around 20 years after the relationship ended, but it is never guaranteed.
Key tip: If you are close to the 2-year mark, get advice now. Starting negotiations does not stop the clock.
Do de facto couples split property 50/50?
No. There is no automatic 50/50 split for de facto or married couples. Since 10 June 2025, the steps the court follows for de facto couples are set out in section 90SM of the Family Law Act: identifying the property pool, each person’s contributions, future needs, the economic effect of any family violence, and whether the outcome is just and equitable.
Key tip: Contributions before and during the relationship, including inheritances, can shift the outcome. Read de facto inheritance law.
Can I claim maintenance from a de facto partner?
Yes, if you cannot adequately support yourself and your former partner can reasonably afford to contribute. De facto partner maintenance is subject to the same 2-year time limit as property claims.
Key tip: Maintenance is separate from child support, which is handled by Services Australia.
Do we need a binding financial agreement before moving in together?
You do not have to have one, but we recommend it if either of you has significant assets, a business, children from an earlier relationship or an expected inheritance. It is far easier to agree on what happens while you are getting along.
Key tip: Both of you need independent legal advice for the agreement to be binding.
How much does a de facto property settlement cost?
As a guide, a de facto property settlement finalised by consent orders or a binding financial agreement normally costs $5,000 to $10,000. If it is contested but settled through negotiation or mediation, it is usually $8,000 to $20,000. Matters that go further can cost more, but we work hard to keep costs within those ranges.
We offer a free discovery call, or a full 1-hour consultation for $440.
Key tip: Ask for a written costs estimate at the start, and update it if the matter changes.