De Facto Relationship Lawyers Perth WA

What does de facto mean in Western Australia?

In Western Australia, a de facto relationship is legally recognised when two people, regardless of gender, live together as a couple without being married. The court assesses factors like the length of your relationship, shared home and finances, public presentation as a couple, mutual commitment and care of children together. This recognition gives de facto couples similar rights to married couples after separation, including property settlements, spousal maintenance and parenting orders.

Before addressing financial or parenting matters, the court first confirms if your relationship qualifies as de facto. If you’re unsure where you stand, getting early legal advice will help clarify your concerns and protect your interests.

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What happens next after de facto separation?

When a de facto relationship ends, there are often many unanswered questions. How property should be divided, whether one person should receive financial support and what arrangements should be made for children. You may also be unsure whether your relationship will even be treated as de facto in the eyes of the law, especially if you kept finances separate, spent time living apart, or only recently moved in together. These grey areas matter, because they can affect what you may be entitled to, or what a former partner may claim from you.

Clear guidance from our legal team helps you understand how the law applies to your situation and what your future needs might mean for any settlement. It can also help you resolve issues through negotiation or mediation rather than going straight to court, and ensure any agreement you reach is fair, practical and capable of being enforced. Because there is no marriage certificate to “prove” the relationship, carefully documenting the nature of your relationship and your contributions can be an important part of moving on with confidence.

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FAQ.

Common questions we hear.

A de facto relationship exists when two people live together as a couple without being married or related by family, as defined under the Family Court Act 1997 (WA). Courts look at factors like the length of your relationship, whether you shared a home, finances and property ownership, mutual commitment to a shared life, care for children and how you presented as a couple publicly.
Since 2002, de facto couples in WA have had the same court options as married couples for dividing property and financial support under the Family Court Act.
If you want to claim a share of property or financial support after separation, the court first checks if your relationship qualifies as de facto under WA law. Here are the key requirements:
- One partner must live in Western Australia when you apply, and you’ve either lived here for at least one-third of the relationship or made significant contributions here.
- You’ve been together at least two years, or there’s a child under 18, or you made major contributions (like buying a home or supporting the family) that would be unfair to ignore.
- You disclose if either of you has a current spouse (and serve them with your application if so).
You’ll need to file an affidavit detailing your shared home, relationship length and WA
In Western Australia, de facto partners have similar rights to married couples when it comes to property settlements, spousal maintenance and parenting matters under the Family Court Act 1997 (WA). You have just 24 months from separation to apply, though acting sooner helps you resolve matters cleanly and avoid a last-minute rush.
You have two years from separation to apply for your property split or spousal maintenance. Miss that window, and you’ll need the court’s permission to go ahead.

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HHG Legal is one of Perth’s longest serving law firms, trusted in WA for over 100 years. When partnering with us, you’ll always work with a lawyer who is experienced in relationships law.

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