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Married vs De Facto Separation in Australia: What Changes and What Does Not

The practical differences between married and de facto separation, including divorce, property deadlines, WA, parenting and private agreements.

Topics: divorce, family law, separation

DIRECT ANSWER

Both married and de facto couples may need to deal with the home, debts, property, parenting and safety after separation. Married couples may later apply for divorce; de facto couples do not. The usual financial-application deadline is 12 months after divorce for married couples and two years after breakdown for de facto couples. Western Australian de facto property matters use a separate WA regime.

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What is the same

Parenting law does not depend on whether the parents married. Both relationship types should record the separation date, preserve financial information, stabilise the home and bills, disclose the financial position and choose the right form for any agreement.

Family violence protection orders are separate state or territory processes and can apply to current and former partners.

Step 2

What changes for married couples

  • A divorce is available after at least 12 months and one day of separation.
  • Divorce ends the marriage but does not decide property, maintenance or parenting.
  • The usual deadline for a financial application is 12 months after the divorce becomes final.
  • Couples separated under one roof may need affidavit evidence for the divorce application.
Step 3

What changes for de facto couples

  • There is no divorce application.
  • Eligibility for de facto financial orders depends on statutory criteria and connection requirements.
  • The usual financial-application deadline is two years after the relationship breakdown.
  • A de facto separation agreement is not automatically a binding financial agreement or final property settlement.
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The Western Australia exception

WA de facto property and maintenance matters are governed by the Family Court Act 1997 (WA) and handled by the Family Court of Western Australia. Connection and eligibility criteria matter. Married WA couples also use the Family Court of Western Australia for divorce and family matters, filing through the WA eCourts Portal.

Step 5

What to write down now

Record the relationship and separation dates, living arrangements, immediate bills, accounts, debts, personal property, vehicles, pets, children’s routine and a review date. State clearly whether the document is an interim private record or proposed terms intended for later consent orders.

Frequently asked questions

Clear answers

Do de facto couples get divorced?

No. Divorce is the legal end of a marriage. De facto couples may still need to resolve property, maintenance, parenting, child support and practical arrangements.

Is living together for two years always required?

Two years is a common eligibility route, but legislation also provides other possible grounds, including a child or substantial contributions in circumstances where serious injustice would result. Get advice about eligibility.

Does a de facto separation agreement finalise property?

Not by itself. A private agreement can record arrangements, but it is not automatically a binding financial agreement or Court order.

Primary sources

Check the official process

General information only, last checked 18 October 2026. Court forms, fees and procedures change. Use the current official source before filing and obtain legal advice for your circumstances.

What changes when it is in writing

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