Are you in a de facto relationship?

De Facto relationships in Australia and whether you're in one can sometimes cause uncertainty.

People often don't understand what is considered a de facto relationship or the legal implications of it. If you are in such a relationship, it is important that you understand the aspects of it in order to protect your legal rights.

A de facto relationship is defined as a domestic living arrangement between two individuals who are neither married or related. This also covers same-sex couples, heterosexual couples and to anyone who is legally married to one person while in a de facto relationship with another person.

Similar to married couples, de facto relationships have legal rights and responsibilities which may include the right to seek property settlements and spousal maintenance.

According to the Family Law Act, a couple is automatically considered to be in a de facto relationship if they have lived together for at least two years without separating.

For couples who have been together for less than two years, the Court will consider various factors to determine if a de facto relationship exists, such as:

• The couple have a child/children together;
• There is a joint property (such as a house/mortgage);
• There have been substantial contributions by one party to the property of the other;
• There was a sexual relationship;
• The parties were financially intertwined;
• The social aspects of the relationship; and
• Where the relationship has been registered with the state government

What happens if your de facto relationship breaks down?

If your relationship breaks down, it's important to know that you can apply to the Court to resolve financial and parenting matters, similar to married couples.

For de facto relationships, parties must apply for a property settlement within two years of the relationship ending. There is no time limit for seeking parenting orders.

If you are unsure about whether you are in a de facto relationship or need guidance following a non-marital relationship breakdown. It is advisable to seek legal advice.

Call our friendly team directly on (02) 4647 2968 or request a free phone consultation through the form below.