What Rights Do I Have When I Separate From My Partner?

If parties to a de facto relationship separate, either party may have a right to seek:

Property Settlement – the division of the parties’ assets, liabilities, and superannuation; and/or
Spousal Maintenance – financial support paid by one party to the other where that party is unable to adequately support themselves.

When can a party apply to the Court?

There are strict legal requirements that must be satisfied before a court can make orders for property settlement or spousal maintenance following the breakdown of a de facto relationship.

These requirements are:

1. Existence of a De facto Relationship

The parties were in a de facto relationship;
That relationship has ended; and
The relationship broke down after 1 March 2009.

2. Minimum Relationship Threshold

One of the following must apply:

The relationship lasted for at least two years; or
If the relationship was less than two years:
- one party made substantial contributions to the property, financial resources, or the welfare of the family; and
- a failure to make an order would result in serious injustice to that party; or
There is a child of the relationship; or
The relationship is registered under a prescribed State or Territory law.

3. Geographical Requirement

The court must be satisfied that the de facto relationship has a connection to a participating State or Territory. This requirement is met if:

Either or both parties were ordinarily residents in a participating jurisdiction at the time of separation; or
Either or both of the parties were ordinarily residents in a participating jurisdiction when the application was made.

4. Additional Connection Requirement

In addition, one of the following must apply:

The parties lived in a participating jurisdiction for at least one-third of their de facto relationship; or
The applicant made substantial contributions in relation to the de facto relationship in a participating jurisdiction.