In 2025 there were less marriages and more divorces but there is a whole category of relationship breakdowns that’s missing in these numbers.
Last week the ABS released the 2025 statistics on marriages and divorces with the key messages being:
↓ marriages have decreased since 2024 by 1.7%; and
↑ divorces have increased since 2024 by 4.1%.
From a family law perspective, these statistics give limited insight into the situations that cause people to sit across from a lawyer asking for help to navigate property settlements or parenting matters. De facto separations aren’t captured in the ABS statistics because there is no formal divorce. This means that the divorce rate is only part of the separation story in Australia. However, in the eyes of the Family Law Act 1975 (Cth) and the Court, being in a de facto relationship carries just as much weight, obligations and rights as a marriage.
What is a de facto relationship?
For a relationship to be classified as de facto a person must be able to demonstrate that they been living together on a genuine domestic basis. The court will look to circumstances such as (but not limited to):
- the duration of the relationship;
- whether the couple lives together;
- whether a sexual relationship exists;
- any financial dependence or support;
- any joint ownership of property;
- the degree of mutual commitment to a shared life;
- the reputation and public aspects of the relationship; and
- the care and support of children.
In circumstances where you are able to prove the above, you can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for property or parenting orders if your relationship breaks down.
How does the FCFCOA deal with de facto relationships vs marriages?
The Family Law Act and the FCFCOA deal with parenting and property matters of de facto couples in the same way as married couples.
It is important to note that a de facto couple only has 2 years from the date of separation to apply to the FCFCOA for parenting or property matters. If this date lapses, you will be required to seek leave to apply to the FCFCOA which is difficult to obtain.
Whether you are married or in a de facto relationship, navigating the law after separation can be stressful. Whether it’s a property settlement, navigating parenting arrangement or both getting clear, accurate and honest legal advice from the outset is one of the most important things you can do.
If you are navigating a separation or simply want to understand more about you rights in family law, our family law team is here to help.