Family
Equal sharing under the Property (Relationships) Act 1976
No-fault dissolution after two years' separation, and an equal-sharing regime under the Property (Relationships) Act 1976 that applies to de facto partners after three years exactly as it does to spouses.
Key rules
- Deadline — Dissolution of marriage or civil union requires two years' separation
- Deadline — Relationship property claims: generally within 12 months of dissolution
Governing law
- Family Proceedings Act 1980 (s. 39)
- Property (Relationships) Act 1976 (s. 11)
- Care of Children Act 2004
- Child Support Act 1991
In practice
The separation period for dissolution is two years, longer than Australia's one. The Property (Relationships) Act creates a presumption of equal sharing of relationship property once a qualifying relationship has lasted three years, and de facto relationships — including same-sex relationships — are treated the same as marriage. The family home and chattels are relationship property regardless of who bought them, which regularly surprises people who assume pre-relationship ownership is protected. Contracting out is possible but requires independent legal advice and certification for each partner. Parenting orders under the Care of Children Act turn on the child's welfare and best interests, and Family Dispute Resolution mediation is normally required first.