De Facto Separation Property Rights in Tasmania

De facto couples in Tasmania have the same property settlement rights as married couples under the Family Law Act 1975 — but the timelines, trigger points, and estate planning gaps are different in ways that catch people off guard.

Same Court, Same Property Division Rules

Since the 2009 referral of de facto relationship powers to the Commonwealth, Tasmanian de facto couples access the FCFCOA for property settlement using the same "just and equitable" assessment that applies to married couples. The court considers total assets, liabilities, financial and non-financial contributions, and future needs under Section 90SM (the de facto equivalent of Section 79).

You can formalise a property split through consent orders or a Binding Financial Agreement, just as married couples do. Both options give you access to stamp duty exemptions and CGT rollover relief — informal agreements don't.

The Two-Year Limitation (Not 12 Months)

Here's the key difference: de facto couples don't have a divorce order that triggers a 12-month clock. Instead, the limitation period is two years from the date of separation.

If you don't file for property settlement within two years of separation, you need the court's leave to proceed — the same "hardship" test that applies to married couples who miss their 12-month window.

Unlike married couples, there's no court order that marks the separation date. If the exact date becomes disputed, you'll need evidence: when one party moved out, when you told Centrelink, when joint accounts were separated. Keep records from the start.

Stamp Duty Exemption Under Section 56A

Property transfers following a de facto relationship breakdown in Tasmania are exempt from stamp duty under Section 56A of the Duties Act 2001 — the parallel provision to Section 56 for marriages.

The requirements are the same: the transfer must be executed under consent orders or a BFA made under Section 90UB, 90UC, or 90UD of the Family Law Act. An informal agreement does not qualify, and you'll pay standard transfer duty.

For de facto personal relationships under the Relationships Act 2003 (TAS), Section 57 provides a separate exemption — but it requires proof that both parties received independent legal advice.

Wills and Estate Planning

This is where de facto separation creates more risk than divorce. Under the Wills Act 2008 (TAS), ending a de facto relationship does not automatically revoke any part of your will. A divorce triggers Section 17's automatic revocation of gifts and appointments naming your ex-spouse — a de facto separation triggers nothing.

If your former de facto partner is named in your will as beneficiary or executor, those provisions remain fully valid until you execute a new will. Your former partner also retains any Enduring Power of Attorney or Enduring Guardianship powers you granted them.

Update your will, EPA, and Enduring Guardianship immediately upon separation — don't wait for a property settlement to be finalised.

Superannuation Splitting

De facto couples access the same superannuation splitting process as married couples: Form 6 valuation, 28-day procedural fairness notice to the trustee, consent orders or BFA, then execution. The two-year limitation period from separation applies here too.

The Tasmania After-Divorce Checklist covers de facto property settlement alongside the married pathway, with the different timelines and estate planning steps specific to de facto relationships.

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