Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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De facto relationships

How to end a relationship if you weren’t married.

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When a de facto relationship ends, you may need to make decisions about children and property. You and your ex-partner can decide together, or you can ask the court to decide.

This information applies to all couples, regardless of gender and sexuality.

The end of a relationship can be a stressful time. Help is available. To find out more, go to Other support for relationships.

About de facto relationships

A de facto relationship is when two people who are not married live together as a couple. It is also called a ‘domestic relationship’ or ‘domestic partnership’.

Registering your relationship

If you are in a de facto relationship, you and your partner can register the relationship and get a relationship certificate.

Registering a de facto relationship can help you access your legal rights if the relationship ends.

To register your relationship, go to Births, Deaths and Marriages Victoria. This process can take at least four weeks.

Ending a de facto relationship

If you are in a de facto relationship, there is no legal process to separate. You do not need to get a divorce.

You can separate but still live in the same house.

Your partner does not have to agree to the separation but you need to tell them that you consider the relationship over.

If you registered your relationship, you can apply to revoke the registration with Births, Deaths and Marriages Victoria.

Tip: Tell your partner that you consider the relationship over and make a note of the date. This is the date of separation. It may be important to remember the date you separated if you need to divide property or make parenting arrangements.

Children

If you and your ex-partner agree on parenting arrangements, you can make a parenting plan or get a consent order. To learn more about these options, go to If you agree on parenting arrangements.

If you cannot agree, you can:

  • try family dispute resolution (a type of mediation for families)
  • apply to the court for a parenting order.

For more information, go to If you disagree on parenting arrangements.

Dividing property

If your relationship ends, you and your ex-partner will need to decide how to divide what you own and owe. This is called a property settlement.

For information about what you can divide, go to Dividing your property after a relationship ends.

If you and your ex-partner agree, go to If you agree on dividing your property.

Going to court

If you and your ex-partner cannot agree on how to divide your property, you can apply to the Federal Circuit and Family Court of Australia to decide.

The court can also decide on ‘maintenance’. This is when someone financially supports their ex-partner.

Usually people must first try family dispute resolution before applying to the court. In some situations, family dispute resolution is not appropriate. To learn more, go to Using family dispute resolution.

The court can only make a decision if:

  • you were in a de facto relationship for at least two years, or you have a child together
  • you lived together in Australia for at least one-third of your relationship (not including Western Australia).

If you did not register your relationship, the court will need evidence to show you were in a de facto relationship. To decide if you were in a de facto relationship, the court looks at things like:

  • how long your relationship lasted
  • whether you lived together, and for how long
  • whether you had a sexual relationship
  • whether you supported each other financially
  • how you owned and used property together
  • whether you shared a life together
  • how you cared for and supported any children
  • how other people saw your relationship.

You must apply to the court about property and financial maintenance within two years of separating from your partner. The court may allow more time in special circumstances. Get legal advice, if you can.

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Support from other organisations

  • Family Relationships Online has information and help with relationship and separation issues, including parenting arrangements and property. Visit their website or call their advice line on 1800 050 321.
  • The Australian Government’s Moneysmart website has a checklist to help you work through your finances after a break-up.
  • WIRE has information and support about relationships, money and housing for women, non-binary and gender-diverse people in Victoria. Their booklet Separation and property has information for separating couples on property division and financial abuse.
  • Services Australia’s Guide for newly separated parents has a helpful list of tasks you may want to do when going through a separation.

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