How do you split property in a de facto relationship?

Amasha
June 30, 2023
Last updated October 11, 2025
5 min read
Blog cover image_Property division_De facto.jpg

Understanding property rights in a de facto relationship

A de facto relationship, in legal terms, refers to a relationship between two adults who live together as a couple on a genuine domestic basis, but aren't formally married. This type of relationship carries with it certain rights and obligations, similar to those in a marriage. One of these obligations pertains to property division when the relationship ends. Being aware of these implications is crucial to protect your rights and ensure a fair division.

Even though a de facto relationship isn't a formal marriage, it doesn't negate your entitlement to a fair share of jointly owned property. The Family Law Act covers property rights for de facto couples. treating them in a way similar to formally married couples. It means the court considers many of the same factors when dividing assets amongst de facto couples, just as it does for married ones.

Property division simplified: the role of BFAs and consent orders

In order to avoid potential disputes over property division, some couples choose to enter into a Binding Financial Agreement (BFA), also known as a 'pre-nup'. BFAs specify how the property would be divided should the relationship end.

BFAs provide a level of certainty and can greatly reduce the stress, cost, and conflict associated with property division. However, it's crucial that both parties thoroughly comprehend their rights and obligations under such an agreement. A BFA can cover a wide array of matters, not just physical assets, but also financial resources, spousal maintenance, and superannuation, among others.

Before entering into a BFA, obtaining independent legal advice is crucial. A family lawyer can guide you through the process, explaining the complexities of the agreement and ensuring that it is in line with your best interests. By taking this step, you can make informed decisions and protect your rights, ensuring that the BFA serves as a protective measure rather than a source of potential future dispute.

In addition to BFAs, Consent Orders are another useful legal tool for managing the division of property in a de facto relationship. These are essentially written agreements drafted upon mutual consent that are approved by a court and have the same legal effect as a court order. Similar to BFAs, Consent Orders will also provide certainty regarding the distribution of property should the relationship come to a close.

One major advantage of Consent Orders is that they provide certainty and finality. Once entered, they are very difficult to overturn unless there has been a significant change in circumstances, non-disclosure of a relevant matter, or in the case of fraud.

Factors considered in property division

If parties cannot amicably settle their property disputes through negotiation or mediation, court litigation may be their final resort. However, given that court intervention is often more costly, time-consuming, and emotionally challenging, it's typically considered the last option after all other methods have been exhausted. Ideally, resolution should be sought through peaceful negotiation or mediation, which allows for open dialogue and mutual agreement, often resulting in less stress and more satisfactory outcomes. Hence, it is beneficial to consider all possible alternatives before resorting to this course of action.

  1. Financial Contributions: This encompasses the direct financial inputs by both parties during the relationship. It's not just about salaries or wages earned, but also assets that either party may have brought into the relationship. These can include property, inheritance, or investments. Financial contributions may also encompass liabilities, such as loans or mortgages, that were taken on during the relationship.

  2. Non-Financial Contributions: These are contributions that, while not monetary, have substantial value within the relationship and contribute to the overall wealth and lifestyle enjoyed by the couple. Examples include homemaking and parenting duties. This could involve everything from daily chores and home maintenance to child rearing and supporting the other partner's career. Courts recognize these as valuable inputs that contribute significantly to the relationship.

  3. Future Needs: A fair property settlement must also consider the future needs of each party. This includes an array of factors such as:

    • Age and health: Older individuals or those with health issues may find it more challenging to become financially stable after separation, and this is taken into account.

    • Financial resources: This considers any financial resources that each party has access to, such as income from employment, rental income from properties, or dividends from investments.

    • Employment capacity: This evaluates each party's ability to gain meaningful employment, considering factors like age, health, skills, qualifications, and the current job market.

    • Care of children: If one party has the primary responsibility for caring for children from the relationship, this can impact their ability to work and earn an income, and it's a crucial factor in property division.

The key goal is to achieve an outcome that is 'just and equitable' - a split that is deemed to be fair and balanced, taking into consideration the unique circumstances of both parties involved.

Seek professional legal advice

This is where professional legal advice becomes invaluable. Experienced family lawyers can guide you through the process, ensure your rights are protected, and help you achieve the best possible outcome.

It's essential to remember that you do have rights and that there are professionals who stand ready to support you during this demanding period. It's crucial to remember that every de facto relationship is unique, and what works for one couple may not necessarily work for another. Therefore, bespoke professional advice is paramount.

At MJ Legal, our professional family law team is committed in protecting your rights. and we aim to ensure that your rights are upheld, guiding you towards the most beneficial outcome during this challenging transition. 

Share this article

Keith James

Keith James

Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.

Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.

  • LLB (Monash University, Australia)
  • Member (Law Institute of Victoria)
  • Member (Migration Institute of Australia)

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

Latest from Google

Mathekshi Rathnayaka

Mathekshi Rathnayaka

Highly Recommended – Beyond Grateful to Mr. Keith and His Amazing Team! I honestly don’t even know where to start or how to thank Mr. Keith and his amazing team for what they’ve done for us. I first met Mr. Keith on the 1st of August. At that time, my husband had already had three visa refusals, and after everything we had been through, we had completely lost hope. It had been such a stressful and heartbreaking journey, and I was honestly at the point of giving up and moving back to Sri Lanka. During our first meeting, Mr. Keith advised us to wait around a year before applying again. But then, following a sudden government announcement, his team contacted me and suggested that we go ahead with the application. I was honestly so scared because applying again after three refusals was a huge risk, and I didn’t know if I could handle another refusal. But we decided to trust Mr. Keith and his team and give it one last try. And I still can’t believe how quickly everything happened! Within just one week, they had prepared everything and lodged my husband’s Student Subsequent Entrant visa application. Even though everything happened in such a rush, when they sent me the documents to check and sign, I was genuinely so impressed. Everything was so well prepared, and I could see how much effort they had put into our case. That’s when I finally started to feel a little hope again. And after just 1 month and 15 days, MY HUSBAND’S VISA WAS GRANTED!! I honestly still can’t believe it. After three refusals, rivers of tears, and all those times we thought this would never happen, we finally got the news we had been waiting for. Mr. Keith, I really don’t have enough words to thank you and your team. Thank you for taking on our case, for all the hard work, and for giving us hope when we had almost none left. I would 100% recommend Mr. Keith and his team to anyone struggling with a visa application, especially those who have had previous refusals. I know how hopeless it can feel because we’ve been through it ourselves. I’ll forever be grateful to you and your team. Thank you so, so much for everything! ❤️

in the last week

Lucky S

Lucky S

Thanks heaps to Thamasha & Keith for prompt help. I highly recommend M J Legal professional services. M J legal are interstate to me, I found them on facebook, sensed they are “honest, transparent, customer service focused, pricing their services reasonable & experts in immigration law” and liaised with them on WhatsApp messaging and engaged them straight away, I didn’t even meet them in person. You don’t need a second thought, JUST go ahead with engaging them for your immigration matters.

in the last week

Daneesha Fonseka

Daneesha Fonseka

I had a great experience with Lavanya and Keith throughout the property purchasing process. They were professional, responsive, knowledgeable and thorough, keeping me informed at every stage and making what can be a stressful process feel smooth and straightforward. They were always happy to answer my questions, explain the details clearly and ensure everything was handled efficiently and with care. I really appreciated their attention to detail, reliability and commitment to making the entire process as seamless as possible. I would highly recommend their services to anyone looking for a trustworthy and professional conveyancer. Thank you for all your help and support!

3 weeks ago

kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

a month ago

Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

a month ago

Google

More reviews

See the latest on Google

Read authentic experiences from our clients.