De Facto Property Settlement in the ACT: Your Rights Explained

De facto couples in the ACT have the same property settlement rights as married couples — but with different eligibility thresholds, different time limits, and a few procedural wrinkles that catch people off guard.

Since 2009, the Family Law Act 1975 has covered de facto relationships in all states and territories except Western Australia. The same "just and equitable" four-step framework under Section 90SM applies. The same court (FCFCOA) handles the matter. The same consent order process is available.

The differences are in who qualifies and when you must act.

Eligibility: Not Every Relationship Qualifies

To access the family law property division framework, a de facto couple must satisfy at least one of these thresholds under Section 90SB:

Duration. The relationship lasted at least two years. The court looks at when the parties started living together on a genuine domestic basis, not when they first started dating.

Child of the relationship. There is a child born to both parties during the relationship, regardless of how long the relationship lasted.

Significant contributions. One party made substantial contributions (financial or non-financial) to the relationship and would suffer serious injustice if the court could not make property orders.

Registered relationship. The relationship was registered under a state or territory registration scheme. The ACT recognises civil partnerships registered under the Civil Partnerships Act 2008.

If none of these thresholds are met, the FCFCOA has no jurisdiction to make property orders — the couple must rely on general property law (who holds legal title) or equitable claims, which are slower, more expensive, and less predictable.

The 2-Year Time Limit

De facto couples have two years from the date of physical separation to file property proceedings with the FCFCOA. This is different from married couples, who have 12 months from the date the divorce order becomes final.

The separation date for de facto couples is usually clearer than for married couples — there is no divorce application, no hearing date, no one-month-and-one-day waiting period. The clock starts when the relationship ends and the parties separate.

If you miss the two-year deadline, you must apply for leave from the court. The court will only grant leave if refusing would cause hardship, there is no prejudice to the other party, and there is a reasonable explanation for the delay.

Same-Sex Couples

Since 2009, same-sex de facto couples have had identical property settlement rights under the Family Law Act. Since 2017, same-sex married couples also have the same rights as any married couple. The four-step process, consent orders, and all ACT-specific procedures apply equally regardless of the gender composition of the relationship.

How the Process Differs from Married Couples

No divorce requirement. De facto couples do not need to apply for or obtain a divorce. Property settlement proceedings can begin immediately upon separation.

Proving the relationship. Unlike married couples (who have a marriage certificate), de facto couples may need to prove the relationship existed. Evidence includes joint bank accounts, shared leases or mortgage documents, statutory declarations from family or friends, shared utilities, and evidence of a sexual relationship. The court considers the "totality of the relationship."

Same four-step framework. Once jurisdiction is established, the property settlement follows the identical Section 90SM process: identify and value assets, assess contributions, evaluate future needs, and determine what is just and equitable.

Same consent order pathway. De facto couples file Form 11 with the same $215 fee. The registrar applies the same test for approval. Sealed orders carry the same enforcement power.

Same stamp duty exemptions. In the ACT, de facto property transfers under a BFA use Concession Code 232H (instead of 232G for married couples). Transfers under court orders use 232F regardless of relationship type.

Common Mistakes De Facto Couples Make

Assuming no rights exist. Many de facto partners — particularly those in shorter relationships or where one partner owned the home before the relationship — assume they have no claim. If the relationship meets one of the Section 90SB thresholds, both parties have rights to the combined asset pool.

Waiting too long. The two-year limitation period feels generous until it passes. Unlike married couples, who have a clear trigger event (divorce finalisation), de facto couples sometimes drift without resolving property because there is no formal process forcing the issue.

Confusing the ACT's civil partnership registration with property rights. Registering a civil partnership under the Civil Partnerships Act 2008 is not required for property settlement rights. An unregistered de facto relationship qualifies if any of the Section 90SB thresholds are met.

Not formalising the agreement. Without consent orders or a BFA, an informal property split has no legal weight. Either party can come back and claim additional property — up until the two-year limitation expires.

The ACT Divorce Financial Split Guide covers the complete de facto property settlement process with the same asset pool worksheets, contributions assessment framework, and ACT title transfer procedures used for married couples.

See more Australian Capital Territory guides →