There are many rumours around about what happens when a relationship breaks down, especially if you were not married. Some are pretty scary and would keep you up many a night! Fear not – we have identified the top 5 rumours which are false. 

Rumour 1 – We are not married so regardless of how long we have been together I’m not entitled of any of his things

False! If your relationship was a de facto relationship, then you can make a claim. 

Rumour 2 – Same sex couples have no rights

False! Under Family Law in Australia, there is no distinction between de facto couples that are same sex or hetro. 

Rumour 3 – Everything is in his name so I can’t touch it. 

False! Again if you were in a de facto relationship you can touch it!

Rumour 4 – If he lived with me for 6 months, he gets half of everything.

False! There is no 6 month rule and no automatic 50/50 split rule. 

Rumour 5 – We both have to leave the relationship with what we came with. 

False! While you might agree informally to do this, it is not a hard and fast rule. 

Whether or not you are able to make a claim really comes down to whether or not you were in a de facto relationship or not. Generally if you lived together for 2 years and/or you have a child together, you will be considered a de facto couple (although there are additional reasons you may be considered de facto). If you are a de facto couple, and you break up, the same 5 Step Process that applies to married couples would apply to you too. So the good news about discovering you are in a de facto relationship that has broken up is that you get all the rights of a married couple without wasting money on a wedding to marry the wrong person!