De facto property regime
The de facto property regime brings property and spousal maintenance matters for separating de facto couples within the federal family law regime under the Family Law Act 1975.
It applies to couples in all Australian states and territories except Western Australia (apart from superannuation splitting for de facto couples in Western Australia, which is dealt with under Part VIIIC of the Family Law Act 1975).
This means that separating de facto couples in most states and territories can access the Federal Circuit and Family Court of Australia for property and spousal maintenance matters.
Find out more:
For more information about making an application for a court order under the de facto property regime visit the Federal Circuit and Family Court of Australia website or call 1300 352 000.
For couples in Western Australia, property and spousal maintenance matters, including superannuation splitting, fall within the jurisdiction of the Family Court of Western Australia.
Find out more about the family law system in Western Australia on the Family Court of Western Australia website.
Changes to the law
The Family Law Amendment Act 2024 (Amendment Act) was passed by Parliament on 29 November 2024. The Amendment Act was informed by a 2023 public consultation on an exposure draft of the Family Law Amendment Bill (No. 2) 2023.
The Amendment Act makes significant changes to the framework for resolving the property and financial aspects of de facto relationship breakdown in the Family Law Act 1975. The changes come into effect on 10 June 2025. The new laws will apply to all new and existing proceedings, except where a final hearing has commenced.
Read more about the changes to the family law system.
Read the Attorney-General’s media release: More reform delivers a simpler, safer and fairer family law system.