De Facto Relationships

De Facto Relationship Law in Queensland

After 1 March 2009

Amendments to the Family Law Act 1975 (Cth) mean that in many situations de facto partners are treated in the same way as married couples in Queensland and throughout most parts of Australia.

Practically speaking this means that two people, including people of the same sex, who meet the criteria for determining if partners are truly living in a "de facto relationship" are able to form Binding Financial Agreements (also known as Cohabitation Agreements) to add certainty to their relationship.

The criteria set down by the Family Law Act 1975 (Cth) for assessing a relationship for "de facto" status include:
  • the duration of the relationship
  • the nature and extent of their common residence
  • whether a sexual relationship exists
  • the degree of financial dependence or interdependence, and any arrangements for financial support, between them
  • the ownership, use and acquisition of their property
  • the degree of mutual commitment to a shared life
  • whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship
  • the care and support of children
  • the reputation and public aspects of the relationship
Before 1 March 2009

If your de facto relationship ended before 1 March 2009 the Property Law Act 1974 (Qld) may override the Family Law Act 1975 (Cth), which means that any division of assets/ property settlement may occur in a different way to de facto separations occurring after 1 March 2009. If you think you may fit into this category please contact us to discuss your situation.

Due to the amendments of the Family Law Act 1975 (Cth) the Property Law Act 1974 (Qld) does not apply to de facto relationships which ended after 1 March 2010, which practically means that for post 1 March 2009 separations:
  • superannuation of the de facto partners may be divided in some circumstances
  • de facto partners can claim spousal maintenance against one another in certain situations
Binding Financial Agreements and more generally de facto relationships are discussed in more detail in our Law Blog.

In addition to the ability to form Binding Financial Agreements under federal law, de facto couples are also eligible for other benefits previously reserved for married couples (in the realms of health care and immigration to name two) - ask us for more details.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.