Legal rights for de facto relationships


A de facto relationship can be defined as:

  • two adults (over the age of 18 years);
  • who are not legally married to each other; and
  • are not related by family; and
  • having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

Currently, persons leaving an unsuccessful de facto relationship can pursue property settlements in much the same way as married couples who have separated. This includes same sex de facto couples.

Current law allows de facto couples to reach agreement about property and financial issues upon relationship breakdown, and our expert family lawyers can provide solutions for recording agreements in legally binding documents. ‘Pre-Nup’ agreements are available to all people entering into a relationship regardless of whether they are a heterosexual or same sex couple. A ‘Pre-Nup’ prepared either at the commencement or during a relationship can help each party keep control over their individual assets.

It is critical to be properly informed about the legal implications of any non-married close personal relationship in which you may be involved.


If you would like to know more, please contact one of our friendly staff at Bambrick Legal today:

  • Call us on 08 8362 5269
  • Email
  • Fill in our enquiry form here
  • Visit our office at 133-135 Rundle Street, Kent Town SA 5067