What you need to know about de facto relationships in Australia

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Living with your partner without being married can be carefree, but it’s important to understand the legal side of things. You may still be considered to be in a de facto relationship if:

  1. One or both of you are still legally married to someone else; or
  2. One or both of you are also in another de facto relationship; or
  3. You are in a committed relationship but do not live together on a full-time basis.

Living together is just one factor the court will consider when deciding if you’re in a de facto relationship. There are other factors the court will look at such as the length of the relationship, the extent of financial dependence, the care of any children, the ownership of any property, the degree of mutual commitment to a shared life, and more. This, of course, is not an exhaustive list but gives you an idea of some matters that the Court will consider.  

If your de facto relationship ends, you have two years to make a property claim against your former partner. To prove that you were in a de facto relationship under the Family Law Act 1975 (Cth), you need to show that you were in a relationship for at least two years and separated after March 1, 2009. But there are exceptions, for example, having a child together, making substantial contributions to the relationship, or registering the relationship. Again, these examples are not exhaustive and should only be used as a guide. 

Couples who want financial security can enter into a Financial Agreement at any time. This agreement is like a “prenup” and sets out how property and assets would be divided if the relationship were to end. Making a Financial Agreement can be especially helpful if you’re already separating from your partner, as it can formalise the agreement of property and assets, as well as spousal maintenance. That said, each circumstance is different and as such it is important to speak to a lawyer first so that you can consider all your options. For more information about de facto relationships, please contact one of our trusted legal professionals at wedolaw.