De Facto Lawyers
Our Sydney de facto lawyers provide clear advice on property rights and entitlement after a relationship ends, financial agreements, before, during and after a relationship and parenting matters after a de facto relationship ends.
2026
Best Family Law Firm 2026 - Sydney
by Acquisition International’s Global Excellence Awards
- Compassionate & Strategic Approach
- Trusted By Over 5,000 Families
- Multi-Award Winning Law Firm
Our Awards
Trusted By Over 5,000 Families
Multi-Award Winning Law Firm
Compassionate & Strategic Approach
Our de facto property settlement lawyers will help you make informed choices through the legal steps of separation.
When a de facto relationship breaks down, dividing property, finances and superannuation can be complex. Our experienced Sydney team of de facto property settlement lawyers will help you understand your rights, identify and value the asset pool, assess contributions and future needs, and negotiate a fair property settlement.
In Australia, whether you are ending a de facto relationship or marriage, your property rights are the same after a relationship ends. We understand that sorting out financial affairs for separating de facto partners can be just as complex and consequential as a divorce. Our team is here to guide separated partners through this process, ensuring you understand your rights, entitlements and obligations.
From the initial task of identifying and valuing all assets, liabilities, superannuation and financial interests, to assessing both financial and non-financial contributions and future needs, a de facto property settlement requires a nuanced understanding of the Family Law Act 1975 (Cth) and how courts apply principles of justice and equity.
Whether your matter is resolved through negotiation, mediation, consent orders or court proceedings, we provide practical guidance and strong representation to help you achieve financial certainty and move forward with confidence.
What is a de facto relationship under Australian law - and what rights do you have if it ends?
Section 4AA of the Family Law Act (1975) defines a de facto relationship as one where two people (regardless of gender) live together on a genuine domestic basis and are not married or related by family. Either party may also be in another de facto relationship, or marriage. The legal definition allows for a broad range of relationship dynamics and focuses on the substance of the relationship. Establishing the existence of a de facto relationship is the first step toward accessing your de facto property settlement entitlements. For couples with children, you will also need to make parenting arrangements, whether with a parenting plan or consent orders, and consider child support obligations.
Factors used to determine whether a genuine de facto relationship existed include:
- How long the relationship lasted for
- Whether a shared residence was maintained
- The existence of a sexual relationship
- Financial interdependence or dependence
- Shared property and financial investments
- Mutual commitment to a shared life
- Whether the relationship is registered
- The presence of children
- Division of household duties
- Public perception of the couple
Only some factors need to be present to prove the existence of a de facto relationship, but all aspects are weighed up when deciding if a genuine domestic relationship existed between the parties.
You Are In Safe Hands
What is the ‘the 2-year rule’ for de facto relationships and are there any exceptions?
Most people have the view that a de facto relationship becomes official, and creates property settlement rights, at the two year mark. While this generally has some truth, there are multiple variables which can mean a genuine domestic relationship is defined at earlier, or much later stages. This is because the length of time as a de facto couple is not the only consideration for the purpose of a family law settlement.
There are some long-term relationships that are not deemed de facto at all, even if one party has felt they are in a de facto relationship. In the 2011 matter of Jonah & White [2011] FamCA 221 (4 April 2011), a 17 year relationship between the parties was concluded to not be a de facto relationship, because the parties did not live together, were not publicly known as a couple and did not share bank accounts. One party had a wife and children and described the relationship as an affair, and the court ruled that the relationship did not meet the criteria for a genuine de facto relationship, which meant there were no property settlement entitlements.
Under 90sb of the Family Law Act (1975), some of the most important considerations for making a de facto property settlement are the duration of the relationship, sharing children, having a registered relationship or if either party has made substantial contributions and a failure to make property orders would be an injustice. If you are unsure of where your relationship stands, please get in touch with our de facto lawyers today for a confidential chat about your situation.
Property division after a de facto separation - the FCFCOA approach
Property settlement is assessed on a number of factors under section 90sm of the Family Law Act (1975). The first step is working out if your relationship is eligible for property settlement. Once that’s been confirmed, negotiations and discussions will take place. Mediation or court may be required to reach agreement in some matters. However an agreement is reached, it can then be formalised into Consent Orders, a Super Splitting Order or a Binding Financial Agreement, and actioned.
Why de facto property disputes are often more complex than people expect
In family law, de facto property disputes can arise for a wider range of reasons than if you are in a marriage, based on the nature and length of your relationship. You may have more difficulty proving that the relationship existed, or the timelines of the relationship, because unlike a marriage, there are no set, legally recorded dates for when the relationship began.
Shorter de facto relationships that have lasted between 2-5 years can also be more difficult when it comes to property settlement.
What is a short-term de facto relationship?
A short-term de facto relationship is one that typically lasts between 2 and 5 years. Property settlement in such cases can be more complex, especially if there are no children or if the relationship was not registered.
In order to seek a de facto property settlement, you must meet one of the following thresholds:
- The relationship lasted at least 2 years
- There is a child of the relationship
- A party made substantial financial or non-financial contributions and would face serious injustice without a property adjustment
If you’re uncertain about your eligibility, get in touch with our team to get a better understanding of your property entitlements.
Founder Insight
“You could be in a de facto relationship and not know it, and I see a strong lack of information out there in the public. People often think, ‘we’re not married – we’re just de facto.’ – or they might not even know that they’re de facto. But their property may now be in a joint pool, or their partner’s debt may now be attached to them. It’s so important to be aware of how a relationship can impact your finances.”
Hayder Shkara
Financial contributions vs non-financial contributions - what the court weighs
Many people want a simple formula to understand how much they are entitled to in a property settlement in Australia, but no such exact formula exists. Many aspects of the relationship are considered, including financial and non-financial contributions. This means that assets (and debts) brought into the relationship, and acquired during the relationship are considered, both parties income and capacity to earn, as well as all of the non-monetary contributions. This includes housework, care of children, renovations, garden maintenance, managing bills or doing admin work for a family business.
The other area is financial resources, which can be a little harder to define than property. It may include the value of intellectual property, family loans or third party support, corporate structures, potential inheritances and family or discretionary trusts, many of which can be hard to accurately assess and value.
A widely known Australian family law case highlighting the need for financial resources to be assessed is that of Kennon v Spry [2008] HCA 56, in which the parties held assets in a discretionary trust while married. The husband tried to transfer assets from the trust shortly before the relationship ended. The court rules that the trust would be assessed as property, paving the way for future matters in this area.
Financial matters can be highly complex, and so are the guidelines for property settlement in the Family Law Act (1975). That’s why it’s essential to speak to a lawyer about your entitlements and get a clear picture of the asset and debt pool before making any assumptions.
How Can We Help You?
Property Pool Assessment & Division
Helping you to identify, value and divide property, assets, liabilities and assets while ensuring all relevant contributions and current and future needs are properly considered.
Negotiation & Mediation
Representing your interests during negotiation and mediation to help resolve property disputes efficiently to reach practical agreements.
Consent Orders & BFAs
Formalising property settlements through legally binding agreements and court-approved orders that provide certainty and finality.
Superannuation Splitting
Advising on superannuation entitlements and splitting arrangements as part of a comprehensive property settlement.
Court Applications & Representation
Preparing court documents and representing you throughout property settlement proceedings if litigation becomes necessary.
Parenting Matters
Assisting with all de facto relationship parenting and children’s matters, including Parenting Plans, Consent Orders, disputes or urgent matters.
De facto financial agreements - protecting your assets before, during, or after the relationship
If you are considering beginning a de facto relationship, or currently living with a new partner, you may have considered how this will affect your financial situation if the relationship were to end. Whether you are just starting out, both have significant assets, or one of you has a stronger financial profile, there are ways to manage potential risks early on. In Australian family law, binding financial agreements are made under PART VIIIAB of the Family Law Act (1975).
These financial agreements can be made before, during or after a relationship. BFA’s, which are also known as cohabitation agreements, prenups or postnups, are a contract that sets out what happens to the shared asset pool if a marriage or de facto relationship ends. It’s important to be aware that any separation-related provisions only take effect when the relationship actually breaks down, in line with section 90UG of the Family Law Act (1975), and can only be set aside under
While some couples may find early conversations around this topic a little challenging, many find that it creates greater certainty and peace of mind going forward, giving both partners a clear expectation of how their financial future will unfold. The process for getting a BFA drawn up can take a bit of time and effort, but it’s worth considering if you want to look at how assets will be divided while a relationship is going well, rather than making these decisions while managing a relationship breakdown. If you’d like to discuss protecting your assets, or putting a clear plan in place for your financial future, get in touch with our prenup lawyers today.
Parenting arrangements & spousal maintenance for de facto couples
Two important legal areas for separating de facto couples, aside from property settlement, are organising parenting time if you have children, and potentially paying or receiving spousal maintenance, which we’ll look at below.
Parenting arrangements
If you and your de facto partner have children, you’ll need to work out care and time arrangements for them as early as possible. Many separating couples start with a Parenting Plan, which is an informal written agreement that covers care and time with each parent, how important decisions are made, how parenting disputes are handled, and how changeovers and communications are handled. This can be organised with or without the assistance of a lawyer.
Consent orders, which are approved by the court, are a more formal and legally enforceable way to make parenting arrangements. They are often based on an existing parenting plan, but carry more legal weight and can have legal consequences if either parent disregards them. Consent orders can also be used to finalise your property settlement. If you have questions about the best legal pathway for your family, get in touch with our team today.
Spousal maintenance
At the end of some relationships, one party may be eligible to receive spousal maintenance from the other party. This often occurs when there is a large difference in earning capacity, or if one partner was a stay at home parent or housekeeper before the relationship ended. Spousal maintenance applications are generally made when one party is unable to support themselves financially and the other party has the capacity to pay. Talk to our Sydney de facto lawyers today if you’d like to find out more about applying for, or responding to, a spousal maintenance claim.
Time limits - you have 2 years from separation to make a property claim
In Australian family law, time limits exist for property settlement claims for married and de facto couples after a partnership ends. The 2-year limitation period is an important factor to be aware of, because courts don’t have to grant leave to apply out of time, which would mean you miss the opportunity for property settlement, unless you can demonstrate that hardship would be caused if the leave is not granted, as set out in section 44(6) of the Family Law Act 1975. If you have separated from a de facto partner, you have two years from the date of your separation to start a property settlement claim. Please get in touch with the team at Justice Family Lawyers today if you are unsure where to start.
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Why Work With Justice Family Lawyers?
At Justice Family Lawyers, we understand the intricacies involved with de facto property settlement cases. Our experienced team works exclusively in family law and has specialised knowledge of de facto property settlement matters, having worked with thousands of Sydney couples and families for property settlement matters.
We recognise de facto relationship breakdowns are often as emotionally charged and financially complex as a divorce. Whether you’re seeking to protect your assets or secure a fair outcome, our de facto lawyers will guide you through your options under Australian law. If your situation also involves children, we can also ensure parenting arrangements are taken care of while addressing property entitlements and broader family goals.
Every relationship is different, and our approach reflects that. We prioritise your emotional wellbeing and financial future, working toward an outcome that provides closure and stability. Whether you are initiating a settlement or responding to an application, we will work to ensure your de facto property settlement outcome is fair, balanced and legally sound.
How We Work Together
Step 1. Book Free Discovery Call
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Get Clear Advice
We explain your legal position, answer your questions and outline a practical strategy for divorce, parenting and property matters.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
Frequently Asked Questions
When should I speak to de facto lawyers about a property claim?
If you are considering ending a de facto relationship, or have recently ended one, it’s a good idea to get advice from a de facto property settlement lawyer. They can help you understand if your relationship will be considered a genuine de facto relationship and give you an idea of your potential entitlements. You have two years from the date of separation to make a claim – so make sure you get advice before the timeframe ends.
How do I prove a de facto separation date?
In many cases, a written confirmation such as a text or email is sufficient to show when a de facto relationship ended. If this is not possible, an affidavit outlining the date of separation may be required. If you need further advice, get in touch with our separation lawyers for advice about your situation.
What do I need to do for property settlement?
There are often multiple steps required to finalise a property settlement, which can take months, or even years. The first step is generally speaking with your former partner and with a family lawyer and expressing your intention to begin property settlement. From there, both parties are required to provide financial disclosure, to get a clear picture of the assets and liabilities. Discussions and negotiations will take place, and some separating couples use mediation to discuss their options.
Once an agreement is reached, this can be formalised through Consent Orders, or with a Binding Financial Agreement. If an agreement cannot be reached, an application will need to be made to the Federal Circuit and Family Court of Australia to have a decision made in court.
What is my de facto partner entitled to if we break up?
This depends on a number of factors, including the length of time you were together, if you have children and what both parties contributed to the relationship. Both parties’ finances will need to be disclosed, and details of what makes up the property pool, such as a home, cars, superannuation or businesses, and also any debts such as credit card debt and mortgages. From here, a ‘just an equitable’ split will need to be made, which will take into consideration all relevant factors under section 90sm of the Family Law Act (1975).
How are parenting matters arranged after a de facto relationship ends?
Making parenting arrangements are similar in Australia whether you’ve been married or in a de facto relationship. You can start with an informal agreement or Parenting Plan, create legally binding Consent Orders, as a last resort, have the court decide and make Parenting Orders. Mediation is generally required if parents cannot agree, and parents are encouraged to reach an agreement where possible. It’s important to understand your rights and responsibilities too, which is why it’s a good idea to speak to a de facto lawyer before signing off on any agreements.
Do I need to register my de facto relationship to claim a property settlement?
No, registration is not essential, but some de facto couples choose to do this during their time together. Your lawyers – or the Court if your matter ends up there – will assess whether your relationship meets the legal definition under the Family Law Act.
What if my ex and I agree on everything, do we still need legal help?
Even when parties agree, it’s important to have the agreement formalised through Consent Orders or a Binding Financial Agreement. This ensures certainty and also enforceability if things don’t go as planned. Getting legal advice from a trusted family lawyer is strongly recommended in almost all matters, because you may not completely understand how agreements affect your long-term circumstances and if they are as fair as possible.
Get Started Today
Separating from a de facto partner? Understand your property rights before the 2-year deadline.
If you are going through a de facto separation and are unsure of your rights, get in touch with our team today for advice on your entitlements, before the two year time limit passes.