What Is A De Facto Relationship & How Can A De Facto Lawyer Help?

If you are in a de facto relationship, whether long term or short term, you have similar rights to a married couple.

More of us are choosing to enter into or stay in long-term relationships without getting married. In recent years, Australia has broadened the meaning of de facto relationships significantly, including recognising same-sex couples as de facto couples in property settlements. A De facto relationship is essentially a marriage-like relationship where both parties have a relationship involving living together on a domestic basis without being married. De facto relationships are common in Australia. They are often entered into after years of dating or cohabitation. The couple usually lives together and have a domestic relationship which may include having children together, a shared financial responsibility and have mutual commitment to the shared living arrangements and care arrangements.

A De Facto Relationship Vs Marriage

De facto couples are now treated in the same way as married couples.

Since 1 March 2009 de facto couples are now treated in the same way as married couples for the purposes of a division of their property after a separation and their matters are now heard in the Family Court and Federal Circuit Court.

You are in a de facto relationship if:

• You and your partner are not married;
• You are not family-related; and
• You are a genuine couple, living together on an indefinite basis.

What does this mean for you if you are contemplating either entering into a de facto relationship or are looking to separate after having been in a de facto relationship?

Well, there can be a more intense focus on the relationship itself where your partner may deny the relationship existed or perhaps disputes the length of the relationship.

Alternatively, you may have found yourself in a brief casual relationship with an ex-partner who is attempting to claim for a financial settlement. In determining the legitimacy of your relationship in order to finalise a property settlement, the court may wish to evaluate some or all of the following:

• When you and your partner commenced the relationship
• The nature of your living situation;
• The capacity to financially and emotionally support each other;
• Whether or not you appear to be a continuing genuine couple;
• If there is a sexual relationship
• Whether your relationship is legally registered under state legislation in Australia; and/or
• If there are dependent children involved.

First Steps To Take In De Facto Relationship Separation

If you are thinking about separating from your de facto partner, our de facto lawyers can help guide you through this process. Whether there are children involved our lawyers will ensure that you have an ongoing relationship with your children or if it is a financial agreement you are seeking, we can help ensure you have positive financial arrangements with your former partner.

If you can’t agree with your former de facto partner about the date you separated, you should prepare to get written proof of that date as it may help you if you are in a dispute later on. The following factors are taken into account when determining whether you are separated or not:

• Do you live in the same bedroom or in a separate bedroom?
• Do you continue to have a sexual relationship or intimate relationship with your former partner?
• Do you continue to do home duties for each other like cooking, cleaning, washing, gardening or organizing groceries for each other?
• What are the financial aspects of your situation; do you continue to share finances like paying for utilities, groceries, car expenses, clothes?
• Do you have financial dependence as a couple?
• Do you continue to go out as a couple? For example, are you still going out to family and friend gatherings as a couple?
• Did you declare yourself separated to government agencies such as Centrelink or the Australian Taxation Office?
• Do you still share household expenses and household chores?

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