Last updated 1 August 2018

Married same-sex couples and couples in a de facto relationship or civil partnership have their property entitlements dealt with under the provisions of the Family Law Act 1975 (Cth) (Family Law Act). Same-sex couples can jointly own property, and have the same rights to property settlement as heterosexual de facto or married couples in Queensland (for more information on property settlements see the Property Division when Couples Separate chapter).

This also means that parties to a marriage, de facto relationship or civil partnership can have their property matters resolved in either the Family Court of Australia or Federal Circuit Court of Australia.

Binding Financial Agreement

From 9 December 2017, if a same-sex couple had entered into a binding financial agreement under the de facto provisions of the Family Law Act, the agreement will continue to be valid and binding, and be treated under the same provisions of the Act that apply to married couples.