De facto relationships are increasingly common across Australia, and while many couples build long, fulfilling lives together, disputes can arise when a relationship breaks down. Unlike married couples, people in de facto relationships are often unsure of their legal rights and obligations, which can add confusion and emotional strain at an already difficult time.
Understanding the most common de facto disputes—and how they’re typically resolved—can help individuals make informed decisions and approach separation with greater clarity and confidence. In many cases, early family dispute resolution can play a critical role in achieving practical, cost-effective outcomes without the need for prolonged court proceedings.
What’s a De Facto Relationship Under Australian Law?
Under Australian family law, a de facto relationship exists when two people are not married but live together on a genuine domestic basis – this can apply to both heterosexual and same-sex couples. Factors such as the length of the relationship, shared finances, property ownership, care of children, and the public nature of the relationship are all considered when determining whether a de facto relationship exists legally.
Importantly, de facto partners have many of the same rights as married couples when it comes to property division, financial support, and parenting matters—provided certain legal thresholds are met.
Here are the Most Common De Facto Disputes
Property and Asset Division
Property disputes are among the most common issues following the breakdown of a de facto relationship. Disagreements often arise over:
- Ownership of the family home
- Division of jointly or individually acquired assets
- Superannuation entitlements
- Treatment of inheritances or gifts
- Allocation of debts and liabilities
Even when assets are held in one person’s name, they may still form part of the property pool. The law looks beyond legal ownership to assess each party’s financial and non-financial contributions, as well as future needs.
Financial Support and Maintenance
Another frequent area of dispute involves de facto spousal maintenance. One partner may seek ongoing financial support if they are unable to adequately support themselves due to factors such as:
- Reduced earning capacity
- Caring responsibilities for children
- Health issues or age
- Significant income disparity between partners
Disagreements often centre on whether maintenance should be paid, how much is reasonable, and how long payments should continue.
Parenting and Child-Related Disputes
Where children are involved, disputes may arise over:
- Living arrangements
- Time spent with each parent
- Decision-making responsibility for education, health, and welfare
- Relocation or changes to routine
The guiding principle in all parenting disputes is the best interests of the child. However, reaching agreement can be challenging when emotions run high or communication has broken down.
Disputes About the Existence of the Relationship
In some cases, one party may dispute whether the relationship qualifies as de facto under the law. This can have significant implications, particularly in property and maintenance matters. These disputes often involve detailed examination of the nature and duration of the relationship, financial arrangements, and living circumstances.
How De Facto Disputes are Resolved
- Negotiation and Early Resolution: Many de facto disputes can be resolved through informal negotiations, often with legal advice. This approach allows parties to retain greater control over outcomes and can significantly reduce legal costs and emotional stress.
- Mediation and Alternative Dispute Resolution: Mediation and other forms of alternative dispute resolution are widely encouraged in family law matters. A neutral third party helps facilitate discussions, identify key issues, and guide both parties towards mutually acceptable solutions. These processes are confidential, flexible, and often faster than court proceedings.
- Parenting Agreements and Consent Orders: When agreement is reached, outcomes can be formalised through written agreements or consent orders. This provides clarity and legal certainty, particularly in relation to parenting arrangements and property settlements.
- Court Proceedings: If disputes cannot be resolved through negotiation or mediation, court intervention may be required. Matters are heard in the Federal Circuit and Family Court of Australia, which applies established legal principles to determine fair and equitable outcomes. Court proceedings can be time-consuming, costly, and emotionally taxing, which is why they are generally considered a last resort after other resolution pathways have been explored.
Here’s Why Early Advice Matters
De facto disputes can be complex, particularly where finances, property, or children are involved. Seeking legal advice early helps individuals understand their rights, obligations, and options before positions become entrenched. It also increases the likelihood of resolving disputes efficiently and with minimal conflict.
With the right guidance and a willingness to engage constructively, many de facto disputes can be resolved without litigation, allowing both parties to move forward with greater certainty and stability.
