Separating from a de facto partner? In most of Australia you have the same property and parenting rights as a married couple — but usually only two years from the day you split to bring a property or maintenance claim to court. Call the free hotline now to find out where you stand and get a family lawyer on it fast.
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There is a strict two-year clock. You generally must apply to the Federal Circuit and Family Court for a de facto property or maintenance order within two years of the day you separated. After that you need the court's special permission to apply, which is not guaranteed. The safest move is to get advice today, before the deadline narrows your options.
How long do I have to claim after a de facto separation?
Generally two years from the date you separated. After that you need the court's special permission to apply late, which is only given in limited circumstances and is never guaranteed. Don't wait — call as soon as you can so you don't lose your rights.
Do de facto partners get the same as married couples?
For relationships that ended after 1 March 2009, yes — outside Western Australia you can ask the court to decide property, superannuation, maintenance and children's matters in the same way as a married couple, under the same federal law. Western Australia has its own de facto law, but the protections are broadly similar.
How do I know if we were really in a de facto relationship?
It comes down to whether you lived together as a couple on a genuine domestic basis. The court looks at things like how long you were together, shared finances, living arrangements, children and your commitment to a shared life. No single factor decides it, and disputes are common — a quick call can help you work out where you stand.
We were together less than two years — can I still claim?
Possibly. A relationship under two years can still qualify if there is a child of the relationship, if one of you made significant contributions and it would be a serious injustice to make no order, or if the relationship was registered. Don't assume you're shut out — check first.
Can my superannuation or my ex's super be split?
Yes. Superannuation is treated as property in a de facto separation and can be divided as part of the overall settlement. It's an asset people often forget, and overlooking it can cost you a lot.
Does it matter that I separated in Western Australia?
Yes, it changes which law applies. WA de facto property and maintenance matters run under Western Australia's own state law in the Family Court of Western Australia, not the federal Family Law Act. The broad ideas are similar, but the detail differs — so WA-specific advice matters. Tell us where you are when you call.
Is calling Legal Hotline really free?
Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand where you stand — no cost, no obligation.
Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.
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