Call 1300 ALA LAWRequest a confidential call back
Many Australians live in de facto relationships, but when it comes to legal rights and responsibilities, are they treated the same as marriages? Understanding how property division, parenting arrangements and financial entitlements apply to de facto couples is essential, especially if you separate.
At ALA Law, our family lawyers help de facto partners understand their legal rights and navigate property settlements, spousal maintenance and parenting disputes with confidence.
We help de facto partners in Orange, Bathurst, Blayney, Molong, Cowra, Parkes and across the Central West.
Reviewed by Julie Vass, Special Counsel · November 2026
Orange · by appointment only
Dubbo · by appointment only
Phone and video appointments available
Under the Family Law Act 1975 (Cth), a de facto relationship is a relationship between two people who are not legally married but who live together as a couple on a genuine domestic basis. The Court looks at all the circumstances, such as how long you lived together, whether you shared finances and property, whether you had children, and how you presented to others.
To make property or maintenance orders, the Court generally also needs at least one of the following:
Key difference: unlike a marriage, there’s no official document recording when a de facto relationship starts or ends, which can make disputes more complex.
De facto relationships (Federal Circuit and Family Court) →
Not sure whether your relationship qualifies? We can help you establish your legal status and protect your rights.
Yes, in most cases de facto relationships are treated the same as marriages under Australian family law. However, unlike a marriage, a de facto relationship must be proven if it’s disputed.
Clear advice. Real support. People in your corner.
Most family law matters in Orange are resolved without a judge. We focus on negotiation, mediation and agreement wherever possible, and if court is needed, you’ll have experienced advocates beside you.
De facto partners must apply for a property settlement or spousal maintenance within two years of separating, or they may lose their rights. Late applications need the Court’s permission, which isn’t guaranteed.
When dividing property, the Court considers:
De facto parents have the same legal rights and obligations as married parents. The best interests of the child are always the priority, and since May 2024 there’s no presumption of equal shared parental responsibility. The Court will always consider family violence and other risks. Children & parenting →
Special Counsel · Solicitor in Charge, Orange, Dubbo & Orana
Julie leads our family law work for clients in Orange and across the Central West. Admitted as a solicitor in New South Wales in 1998, she brings more than 25 years’ experience across all areas of family law, with particular skill in dispute resolution and arbitration.
Clients value Julie’s kind, considerate and compassionate approach. She’ll take the time to understand what matters most to you and your family.
Julie is supported by ALA Law’s family law Partners Amanda Little, Rosemary Aloisio and Bernadette Melhem, each an Accredited Specialist in Family Law.
There’s no set time to be in a de facto relationship, but to make property or maintenance orders the Court generally needs the relationship to have lasted at least two years, unless there’s a child, substantial contributions or a registered relationship.
Two years from the date of separation. After that, you need the Court’s permission to apply.
Yes, but it’s not automatic. A de facto partner can seek maintenance if they are financially disadvantaged after separation and their former partner can afford to support them. Income, age, health, earning capacity and caring responsibilities are all considered.
Yes. De facto parents have the same rights and responsibilities in parenting matters, and the child’s best interests are the paramount consideration.
The Court will look at all the circumstances of the relationship. Evidence such as shared finances, living arrangements and how you presented as a couple can be important. Get advice early.
Book a confidential appointment. We’ll listen, explain your options and help you take the next step with confidence.