De facto, same-sex and registered relationships

Same-sex and heterosexual de facto relationships share many of the same legal rights as married couples.

When to get legal advice

Get legal advice if:

  • you’re in, or have been part of a de facto relationship and have questions about:
    • property disputes with your ex-partner
    • leaving property to your partner in your will
    • domestic violence protection orders
    • discrimination
  • you’re in, or have been in, a same-sex married relationship, and have questions about:
    • property disputes with your ex-partner where proceedings were started before your overseas marriage was recognised on 9 December 2017
    • presumptions of parentage where you are a woman who is married to another woman
    • your will and estate planning 

How to get legal advice

De facto relationships

A de facto relationship is when 2 people who are not married live together as a couple. The same laws apply to same-sex couples as heterosexual couples.

There’s no single legal definition of a de facto relationship. There are different requirements for different legal purposes.

Disputes about children

The same family law applies to disputes about children—whether you are married or in a de facto relationship.

See children and parenting.

Property disputes

If your de facto relationship ended on or after 1 March 2009 you may be able to apply for a property settlement under the Family Law Act if any of the below apply:

  • you lived together as a couple for at least 2 years
  • there is a child from the relationship
  • you or your ex-partner made substantial contributions (financial or otherwise) to the relationship.

If you lived in Western Australia for part of your relationship, you should get legal advice.

See dividing your property.

Same-sex relationships

Same-sex couples are recognised under the legal requirements for de facto relationships in Queensland. They have the same rights in areas such as:

  • superannuation schemes
  • social security
  • veterans’ entitlements
  • workplace relations
  • workers’ compensation
  • taxation
  • health
  • immigration
  • citizenship
  • dividing property.

Legal recognition

Same-sex marriage is legal in Australia.

All same-sex married couples (including those who married overseas before 9 December 2017) are, from 9 December 2017, married couples for the purposes of family law.

This may have some implications for same-sex couples who were married overseas and who had pending family law proceedings on 9 December 2017, who are parties to a financial agreement made before 9 December 2017, or who were benefiting from a maintenance order from a previous relationship. More information is available on the Australian Government Attorney-General’s Department website. You should get legal advice.

Same-sex de facto relationships are recognised as de facto relationships for some legal purposes.

Same-sex de facto couples:

  • can jointly own property
  • have the same rights to property settlement as other de facto couples in Queensland
  • can leave property to each other in their will and can appoint each other in a power of attorney or statutory health authority
  • are considered spouses under laws about wills. See wills and deceased estates.
  • can apply for domestic violence protection orders
  • may be able to legally adopt a child in Queensland
  • can be considered as foster carers.

Parenting

This information applies to birth mothers in Queensland who are in a same-sex unmarried relationship with a female de facto partner.

If they consent, the birth mother’s female de facto partner can be recognised as a parent if the couple’s child has been born using a fertilisation procedure, such as in vitro fertilisation.

On the child’s birth certificate, the parents will be recorded as ‘mother’ and ‘parent’. If the birth was registered without the mother’s female de facto partner recorded as ‘parent’, the couple can apply to correct the birth register to include the parent’s name through the Registry of Births, Deaths and Marriages. You’ll have to pay a fee.

If the father was recorded on the child’s birth certificate, then it can only be changed if there is a court order by the Supreme Court of Queensland.

Registered relationships

In Queensland, de facto couples can register their relationship (called a civil partnership). This can be done as a sign of commitment or for legal reasons.

A civil partnership:

  • isn’t the same as a marriage
  • ends if either party marries.

Learn more about relationship rights

How to get legal advice

We can’t give advice about wills.

We may be able to give legal advice about married and de facto (including same-sex) couples’ rights in some areas of law.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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