The making of financial orders, which include property settlements, spousal maintenance matters, and superannuation splits, is governed by the Family Law Act in Australia. 

If you were to ask, Am I treated differently under the Family Law Act if I am in a de facto relationship as opposed to being married?, the simple answer would be No. In some cases, however, different conditions could apply.

Since 2009, parties of a de facto relationship have been able to apply to the Family Court or Federal Circuit court to have financial matters determined in the same way as a married couple.

It is important to remember that an application for de facto financial orders should be made within two years of the breakdown of your relationship. In the case of a marriage, an application should be made within 12 months of divorce. After this time, you will need permission from the Court to apply.

It should be noted that de facto relationships in Western Australia are governed by the Family Court Act, as opposed to the Family Law Act; whilst the provisions are similar, please ensure you seek advice about which act applies to your circumstances if you have been, or are currently living in Western Australia.