De facto financial dispute determined?“Who gets what?”

Yes, you can apply to the Family Court or the Federal Magistrates Court to have your de facto financial dispute be determined under the Family Law Act 1975 (Cth).

This is because from the 1st March, 2009, people in de facto relationships were granted the same access to the Family Court and Federal Magistrates Court, for financial matters that was previously reserved for married couples. This includes de facto relationships between two persons of the same sex and de facto relationships, even if one of the persons is legally married to someone else or in another de facto relationship!

If your de facto relationship broke down before the 1st March 2009, you can apply to the Family Court, or Federal Magistrates Court for a property determination, if you and your de facto partner agree in writing and obtain independent legal advice.

Before you can make an application to the Court, you will need to show that your relationship was a de facto relationship as defined in the Act meaning:

- That you and your partner are not legally married to each other and are not related by family.

- That having regard to all the circumstances of your relationship, you have a relationship as a couple living together, on a genuine domestic basis. In working out if you have a relationship as a couple the Court will consider:

(a) The duration of your relationship, where the period or period of the relationship is at least two years or less, if there is a child of the relationship.

(b) The nature and extent of your common residence.

(c) Whether a sexual relationship exists.

(d) Your degree of financial dependence or interdependence.

(e) The ownership, use and acquisition of your property.

(f) Your degree of mutual commitment to a shared life.

(g) The care and support of children.

(h) The reputation and public aspects of the relationship.

Once the Court has decided that your de facto relationship was within the definition of the Act, the Court will be able to make orders for a division of property including a division of superannuation and orders for maintenance.

If you want to make an application to the Family Court or the Federal Magistrates Court, it is best to obtain legal advice. This will ensure that you meet all the criteria in relation to a de facto relationship and that you understand how the Court determines a financial property dispute.

The Family Law Experts knowledge and experience will aim to get you the right result. You can ring Frank on 02 9630 0444 for advice, or email him on 

For a consultation today please call him on 02 9630 0444 or email your enquiry to: