Video chapters
Quick answer
Most eligible de facto couples can seek property adjustment and maintenance under family law, usually within two years after separation. Eligibility, the asset pool, contributions, current and future circumstances and whether the outcome is just and equitable all matter. Western Australia uses a different court and legislative pathway.
What to do
- Qualify — Check de facto status, location and threshold rules
- Deadline — Record separation and the usual two-year limit
- Disclose — Identify all property, debts, companies and super
- Formalise — Use consent orders or a compliant agreement
Transcript
Australian family law can adjust property interests after an eligible de facto relationship ends. The usual pathway covers couples living together on a genuine domestic basis who meet a threshold such as duration, a child, registration or a substantial contribution. The facts and the state connection matter.
The usual deadline to begin de facto property or maintenance proceedings is two years after separation. Record the separation date and obtain advice well before it expires. Western Australian de facto matters proceed under a separate state system, although superannuation splitting is now available there under Commonwealth amendments.
Identify current assets, liabilities, financial resources and superannuation, regardless of whose name appears on them. The assessment considers contributions and current and future circumstances, including care responsibilities and earning capacity, before asking whether any proposed adjustment is just and equitable.
Collect bank, mortgage, tax, super, company, trust, vehicle and valuation records. Both parties have disclosure duties. Preserve evidence of initial property, inheritances, improvements, homemaking, parenting and post-separation payments. Hidden or incomplete information can delay settlement and affect costs and credibility.
A lawyer can confirm eligibility, deadline, disclosure and an appropriate settlement structure. An agreement is usually formalised through consent orders or a carefully prepared financial agreement. Go To Court can arrange a family-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
- Federal Circuit and Family Court of Australia — De facto relationships
- Family Court of Western Australia — De facto relationships
- Attorney-General's Department — Dividing property, finances and superannuation
- Attorney-General's Department — Superannuation splitting
- Go To Court Lawyers — Urgent legal help
Important
This video provides general information about family law in Australia. It is not legal advice and does not take account of your circumstances. Parenting decisions turn on the child's best interests and safety; property outcomes turn on the evidence and circumstances. Laws and court processes can change. Get advice from a qualified lawyer about your situation.