A de facto property settlement in Queensland follows the same legal framework as married couples, but with a critical difference: strict time limits. Getting a de facto property settlement Queensland claim right starts with a question many Queenslanders get wrong from the outset: do we even have property rights if we were never married? The short answer is yes. Since 2009, de facto couples have been covered by the same federal framework as married couples — but the eligibility rules and time limits differ, and getting them wrong can cost you your claim entirely.
If you’re unsure where you stand, a quick chat with our family law team can clarify your position before any time limits become a problem. Call 1300 334 566.
Are you covered by the law?
A de facto relationship is defined in section 4AA of the Family Law Act 1975 (Cth) as two people, regardless of gender, living together as a couple on a genuine domestic basis without being married. Whether that test is met depends on several factors: how long the relationship lasted, whether you lived together, how finances were shared, and how the relationship presented to family and friends. No single factor decides it.
Meeting the definition of a de facto relationship is not, on its own, enough to bring a property claim. Section 90SB of the Act sets an additional threshold. At least one of the following must apply:
- The relationship lasted at least two years.
- There is a child of the relationship.
- One partner made substantial contributions, and failing to recognise the relationship would cause serious injustice.
The deadline most people miss
This is the detail that catches people out. Under section 44(5) of the Act, a de facto property application must generally be filed within two years of separation. Miss that window and you will need the court’s permission to proceed out of time, which is not guaranteed. The two-year clock runs from separation itself, which can be a surprisingly difficult date to pin down. If there is any doubt about when the relationship legally ended, that is worth resolving early, not at the two-year mark.
Missing the time limit can mean losing your claim entirely. If you’re within the relevant window, it’s worth confirming your options now — call 1300 334 566.
How property is actually divided
De facto property settlements are worked out under section 90SM of the Act, in Part VIIIAB. The court, or the parties by agreement, generally work through four steps: identifying the full property pool, assessing each person’s financial and non-financial contributions over the life of the relationship, weighing future needs factors such as age, health, income, and care of children, and finally checking that the proposed division is just and equitable.
That first step, identifying and valuing the pool, is often where disputes start. Real property, superannuation, vehicles, business and trust interests, and debts all need to be accounted for, and disagreements over value are common. We cover how that process works in our article on the role of valuations in family law property settlements.
Changes under the Family Law Amendment Act 2024 (Cth), effective 10 June 2025, now require the family violence experienced by either party during the relationship to be expressly considered as part of that analysis, for de facto and married couples alike.
An alternative to court: agreeing it privately
Not every de facto property matter needs to go before a court. Where both partners are willing, a Binding Financial Agreement lets you agree on a division of property privately, without being bound by the two-year time limit or a judge’s discretion. It is not the right tool for every situation, and it must be drafted correctly to hold up if challenged. We explain how these agreements work, and who they suit, in our guide to Binding Financial Agreements in Australia.
Why proper advice matters early
Property settlements are rarely just about the numbers. Getting the pool, the contributions, and the time limits right from the outset avoids the far more expensive problem of renegotiating, or litigating, later. At Bennett Carroll, we act for de facto and married couples across Queensland through every stage of a property settlement, from the first conversation through negotiation, mediation, and, where needed, court proceedings in the Federal Circuit and Family Court of Australia.
Speak with our Family Law team
Bennett Carroll has been serving Queensland families since 1974, with real people in real offices at Brisbane Stafford, Brisbane Mt Gravatt, Gold Coast Mermaid Beach, and Sunshine Coast Birtinya, plus full electronic service across the state. If you are separating from a de facto partner and need to understand your property rights, call us on 1300 334 566 or complete the form below and our Family Law team will be in touch.
