What is a de facto relationship?

A de facto relationship is defined in section 4AA of the Family Law Act 1975 (Cth) as being a relationship between a couple, who may be of the same or opposite sex, who are not married, and are living together on a genuine domestic basis.

Like married couples, parties to a de facto relationship are entitled to apply to the Court for orders relating to property settlement.

But while married couples have a marriage certificate to prove the existence and length of their relationship, parties in a de facto relationship need to demonstrate other factors exist in order to prove the length and nature of their relationship.

The following factors are taken into account in determining if a de facto relationship exists:

·       The duration of the relationship (i.e. whether the parties have lived together for 2 years or longer)

·       The nature and extent of their common residence

·       Whether a sexual relationship exists

·       The degree of financial dependence or interdependence, and any agreements for financial support, between the two people

·       The ownership, use and acquisition of their property

·       The degree of mutual commitment to a shared life

·       Whether a relationship is or was registered under a prescribed law of a State or Territory

·       The care and support of children

·       The reputation and public aspects of the relationship

We also note that a de facto relationship can exist between two parties even where one of the parties is legally married to someone else.

The Courts have made it clear that all of the above factors need not present in a relationship for it to be considered a de facto relationship. Similarly, one factor won’t necessarily be weighed more heavily than another.

What am I entitled to if my de facto relationship breaks down?

If your relationship comes to an end, you have up to two years to apply to the Court to make property settlement Orders.

You can also come to private agreements with your former partner as to property and parenting arrangements without having to involve the Court.

You should seek advice from an experienced lawyer as to your specific entitlements and the best course of action to resolve your separation.

Please contact Littles Family Law to speak to one of our experienced lawyers today.