DeFacto Relationships & Recognised Financial Agreements

A defacto relationship is defined as a relationship between de facto partners. A de facto partner is defined as either one of two adult persons who live together as a couple on a geniune domestic basis and are not married to one another or related by family.

In Queensland, the Property Law Act 1974 currently covers de facto couples of the same or opposite sex who either live together or have lived together as a couple on or after 21 December 1999.

You can only apply to the court if any of the following apply:

• You and your ex partner lived together for at least two years; or
• There is a child of the de facto partners who is under 18 years; or
• You have made financial or non-financial contributions to the property, or the welfare of the family and a failure to make an order would result in serious injustice to you.

There is a time limit of within two years of the the day that the relationship ended in which you can apply to the court. The court may extend this time under special circumstances.

You can, if you agree, make a written agreemement that sets out how the property will be divided between you and your ex-partner, known as a 'separation agreement', which does not need to be registered with the court but to be legally binding certain criteria must be satisfied.

We can provide additional, more specialised advice on all of the above when you contact our offices.