De Facto Laws in Queensland:Do You Need to Be Living Together?

You’ve lived together for years, shared bills, maybe a mortgage, but never married. Then separation, a partner’s death, or a Centrelink form forces the question: are you legally de facto, and does it come down to whether you’ve been living together? Questions like whether a girlfriend or partner could walk away with half the house suddenly stop being hypothetical.

Different agencies use different rules: migration law wants 12 months of cohabitation, Centrelink can recognise a relationship from day one, and family law takes a broader view again. Getting this wrong can be costly. This guide breaks down how Queensland actually treats de facto relationships under the Family Law Act 1975, and where registering a civil partnership fits in. As an experienced family lawyer team based in Brisbane, we help couples navigate exactly this.

This article is general information, not legal advice. A family lawyer can help you understand your rights in your specific circumstances.

What Is a De Facto Relationship in Queensland?

Under Section 4AA of the Family Law Act 1975, a de facto relationship exists when two people, regardless of gender, are living together on a genuine domestic basis as a couple, without being married to each other or related by family. This applies to same-sex couples and opposite-sex couples equally, and de facto partners are generally entitled to the same rights as married couples in family law contexts, including property settlement and parenting arrangements.

Importantly, there’s no single checklist. The court considers a broad range of factors used to determine whether a relationship exists, and no individual factor must be met on its own. These typically include:

• The duration and nature of the relationship
• Whether the couple lived together, and the extent of that shared residence
• Financial arrangements, including joint accounts and shared expenses
• Whether the relationship was a sign of commitment, such as a shared mortgage, shared property, or public acknowledgment as a couple
• The care and support of any children
• Financial and non-financial contributions each partner made

Do You Actually Need to Be Living Together?

Not necessarily full-time. For most family law claims, the relationship generally needs to have involved living together on a genuine domestic basis at some point, but courts can still recognise a de facto relationship without full-time cohabitation, for example where partners keep separate homes for work or health reasons but otherwise share a genuine, committed life. It’s assessed case by case rather than by a strict cohabitation test. Our guides on how to tell if you’re in a de facto relationship and whether paying rent on a property you own protects you cover this in more depth.

Requirements also differ by context: Services Australia can recognise a relationship from day one, migration law needs 12 months, and family law’s two-year rule, covered below, is what actually determines access to property and maintenance rights through the courts.

The Two-Year Rule and Key Exceptions

For property settlement and spousal maintenance purposes, a de facto relationship generally needs to have lasted at least two years. However, there are important exceptions where this requirement doesn’t apply:

• The couple has a child together
• The relationship was registered as a civil partnership in Queensland
• One partner made substantial contributions to the relationship, and failing to recognise the relationship would result in serious injustice

De facto couples aren’t required to prove any single one of these, but where a relationship is shorter than two years and none of the exceptions apply, the family law courts generally won’t have jurisdiction over property or maintenance claims. This is one of the most common reasons couples choose to register their relationship early rather than wait.

Registering a De Facto Relationship in Queensland

Queensland is one of several Australian states and territories that allows couples to formally register their relationship as a civil partnership through the state’s Registry of Births, Deaths and Marriages, part of the Department of Justice. Registration isn’t compulsory, a de facto relationship exists in law once the criteria above are met, but it offers a straightforward way to prove a relationship exists without relying on financial records or witness statements later.

To register in Queensland, both partners generally need to:

• Be at least 18 years old
• Have at least one partner residing in Queensland
• Not be married or already in another registered relationship

The process typically involves gathering identity documents, having them certified by an authorised witness such as a justice of the peace, submitting your completed application form (either by post, in person at a Magistrates Court or QGAP office, or at the Brisbane registry), and paying a fee. Once approved, the couple receives a certificate that acts as reliable, immediate evidence of the relationship for family law proceedings, government payments, and other legal purposes, without needing to reconstruct years of financial and living history later.

Rights and Protections for De Facto Couples

Once a de facto relationship is legally recognised, whether through registration or by meeting the criteria above, partners generally have access to the same rights as married couples across several key areas:

• Property settlement: division of assets acquired during the relationship, based on financial and non-financial contributions and future needs, not an automatic 50/50 split
• Spousal maintenance: financial support if a partner can’t reasonably support themselves after separation
• Parenting arrangements: the same legal framework applies to children of de facto and married couples alike, including shared decisions like whether one parent can enrol a child in a new school without the other’s permission, or more specifically whether a school can be changed without a father’s consent
• Estate and inheritance rights: a surviving de facto partner is generally entitled to the same rights as a married spouse, including a share of the estate where no will exists, and the right to contest a will.

For a full breakdown of what this can mean financially, see our guide on what you’re entitled to in a de facto relationship. Financial contributions can come from less conventional sources too, and questions like whether income from platforms like OnlyFans is even legal sometimes come up when a partner’s real financial position needs to be disclosed for a property settlement.

It’s also worth understanding: family law recognises that a person can be in more than one de facto relationship, or married while separately in a de facto relationship with someone else, since de facto status doesn’t require exclusivity in every legal context. 

This can complicate matters where more than one person claims a relationship with the same individual, particularly after death.

When a De Facto Relationship Breaks Down

Ending a de facto relationship doesn’t require any formal legal process. 

There’s no need to fill out separation paperwork or apply to the court simply to end the relationship; both partners can amicably separate and divide assets between themselves.

 However, strict time limits apply if court involvement becomes necessary: de facto couples generally have two years from the date of separation to apply to the Federal Circuit and Family Court of Australia for property settlement or spousal maintenance. If your ex-partner disputes that the relationship existed at all, our guide on proving a de facto relationship sets out the kind of evidence courts look for.

Many couples choose to formalise asset division through binding financial agreements rather than relying on informal arrangements. 

A binding financial agreement sets out how property, finances, and support will be handled, either during the relationship or after it ends, and doesn’t require court approval, though both partners must receive independent legal advice for it to be enforceable.

When to Seek Legal Guidance

Because “living together” means different things depending on which agency or law is asking, and because the two-year rule has genuine exceptions that aren’t always obvious, it’s worth speaking with an experienced family lawyer before assuming you do, or don’t, have rights as a de facto partner. 

This is especially true if your ex-partner disputes the relationship existed, if you’re considering registering your relationship, or if you’re navigating a separation involving property, children, or a blended family situation. 

If cost is a concern, Legal Aid Queensland provides free information and, in some circumstances, legal assistance for de facto matters. Our team, including Hayder Shkara and Caralee Fontenele, is also here to help if you’d prefer tailored, one-on-one advice. Once a separation is finalised, many people also ask about smaller, practical steps, like how to change back to their maiden name.

Frequently Asked Questions