In Australia, being in a de facto relationship means you and your partner live together in a committed way, similar to marriage—but without the wedding.

While de facto relationships can offer flexibility, they also come with a few unexpected twists, especially around property, finances, and parenting arrangements, if things don’t work out. And in this article, we’re going to explore these and ultimately help you to understand the disadvantages of de facto relationships in Australia.

So, if you’re wondering about de facto relationships and if there are ways to protect yourself or understand what you’re entitled to, our family solicitors have put together all of the information you need – keep reading to learn more.

Impact on property and asset division

When a de facto relationship ends, dividing up property and assets can be one of the most challenging parts.

In Australia, the law treats a de facto couple similarly to married couples, meaning that any property acquired during the relationship may be considered part of a shared property pool. This includes things like your home, joint investments, and even significant assets one partner brought into the relationship. It doesn’t always matter whose name is on the title—if you’ve shared a life together, it’s possible that both partners have a stake.

The Family Court looks at various factors when dividing assets, like the length of the relationship, each person’s financial and non-financial contributions, and future financial needs. This is often one of the things that people find most surprising, especially if one partner believes their pre-relationship assets will remain solely theirs. Without a binding financial agreement in place, property division can be unpredictable and may even require court intervention if both sides can’t agree on a fair split.

Understanding your potential entitlements and risks in a de facto partner break-up can be eye-opening, especially if large assets are involved.

Can you get spousal maintenance from a de facto relationship?

Spousal maintenance isn’t limited to married couples—it can apply to de facto relationships too. If a de facto relationship ends and one partner is unable to support themselves financially, they may be entitled to spousal maintenance from the other partner. The Family Court considers several factors when deciding on spousal maintenance, such as each partner’s income, financial resources, and needs, as well as any other relevant circumstances like the length of the relationship or any shared responsibilities for children.

This can come as a surprise to many de facto couples, as it means that even without a formal marriage, financial support obligations may remain. Spousal maintenance claims can add complexity to the separation process, especially if one partner is financially dependent on the other. Understanding the criteria for spousal maintenance can help de facto partners plan for their financial future, particularly in the case of a relationship break-up.