Jason Given
Director & Mortgage Broker at Lendology. MFPA designated, MFAA member. Specialises in separation finance across Australia.
By Steve Chin · April 2026 · 5 min read
In Australia, de facto couples have broadly the same property settlement rights as married couples under the Family Law Act. If you have been in a de facto relationship for at least two years (or have a child together, or one party made significant contributions), you can apply to the Family Court for property orders.
The asset pool assessment, contribution analysis, and future needs consideration work the same way as for married couples. Consent Orders and BFAs are both available. Stamp duty exemptions on property transfers during settlement apply equally to de facto partners in South Australia.
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Book a confidential chatThe main difference is proving the relationship existed. Married couples have a marriage certificate. De facto couples may need evidence of cohabitation, shared finances, or mutual commitment. This can affect the timeline if the existence of the relationship is disputed.
From a lending perspective, the process is identical - refinancing a joint mortgage to sole name, equity buyouts, and fresh-start lending all work the same way regardless of whether you were married or de facto. Lenders assess your application on income, expenses, and borrowing capacity - not marital status.
Whether you were married or in a de facto relationship, book a confidential chat - the finance process is the same and we handle both regularly.
Not always, but it is recommended. Without consent orders or a BFA, there is no legally enforceable agreement - either party could make a claim later. A family lawyer can advise on the best approach for your situation.
In SA, property transfers between separating de facto partners may be exempt from stamp duty if they are part of a formal property settlement. The same rules apply as for married couples.
Generally, yes. Two years of cohabitation, or having a child together, or being registered as a couple.
Under the Family Law Act 1975, de facto couples who meet one of these criteria have the same property settlement rights as married couples. The two year requirement does not need to be continuous in all cases.
Yes. De facto couples have 2 years from separation, compared to 12 months from divorce for married couples.
This longer window reflects that de facto couples do not have a formal divorce process to trigger the countdown. However, acting promptly is still advisable.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
True wellbeing begins at home.
Book a time with Jason or Steve. Confidential. No cost. No obligation.