These agreements may be signed before the parties live together and/or during their relationship. On the breakdown of the relationship, the couple can formalize their property settlement by a separation agreement (also known as a "binding financial agreement" or "BFA") or Court Order.

De facto couples can split their superannuation, as married couples may, after separation provided they separated after 1 March 2009. A Court Order is required.

If the de facto couple separated before 1 March 2009, then the law which regulates property settlements for de facto couples (in Queensland) is the Property Law Act 1975 and the State Courts, in general the District Court of Queensland and the Supreme Court of Queensland, will hear these property applications.

If the couple separated after 1 March 2009, then the Family Law Act 1975 (Commonwealth) regulates their property settlement, just as it does for married couples.