Understanding your legal rights in a de facto relationship is crucial, especially when it comes to family law matters such as property settlements and financial claims. If you are separating from your partner, it is essential to determine whether you qualify as being in a de facto relationship under Australian law.
What is a De Facto Relationship?
A person is considered to be in a de facto relationship with another person (including same-sex couples) if:
- They are not legally married to that person.
- They are not related by family.
- They live together on a genuine domestic basis, considering all the circumstances of their relationship.
The Federal Circuit and Family Court of Australia recognises de facto relationships similarly to marriages in many legal aspects, particularly in financial and property disputes.
What Determines a Genuine Domestic Basis?
To assess whether a couple is living together on a genuine domestic basis, the Court may consider several factors, including:
- Mutual intention: Whether both partners consider themselves in a de facto relationship and whether friends and family are aware of it.
- Duration of the relationship: How long the couple has lived together.
- Financial dependence and arrangements: Shared bank accounts, intermingling of finances, joint purchases, or shared assets.
- Existence of a sexual relationship.
- Care and support of children, if applicable.
Not all factors must be met for a relationship to be deemed de facto. Instead, the Court assesses the overall nature of the relationship based on the available evidence.
When Can a De Facto Partner Make a Property Claim?
Under Australian family law, a de facto partner may apply for a property settlement if:
- The couple lived together for at least two years; or
- The relationship is registered as a de facto relationship; or
- They have a child together; or
- One partner has made significant financial or non-financial contributions, such as purchasing property together or intermingling finances.
A de facto partner must apply for a property settlement within two years of separation. If you wait too long, you may lose your right to make a claim.
Do De Facto Partners Have to Live Together Full-Time?
No. You do not need to live together full-time to be considered in a de facto relationship. However, the Court looks at whether the couple has merged their lives and is living together on a genuine domestic basis.
Can You Be in a De Facto Relationship While Married?
Yes. Australian family law recognises that a person can be in a de facto relationship while still married to someone else. This can have significant legal implications for property settlements and spousal maintenance claims.
Why Seek Legal Advice on De Facto Relationships?
Determining whether you are in a de facto relationship and understanding your legal rights can be complex. Whether you are entering or ending a de facto relationship, getting legal advice can help you protect your financial interests and navigate potential disputes.
If you are uncertain about your de facto relationship status or need guidance on a property settlement, our experienced family lawyers can provide expert legal support tailored to your unique circumstances.
Contact Family Focus Legal
At Family Focus Legal, we specialise in family law matters, including de facto relationships, property settlements, and financial disputes. Our dedicated team is here to support you with clear, practical advice.
📩 Email: info@familyfocuslegal.com.au
📞 Call: (02) 4655 4224
💻 Visit: Family Focus Legal Website
Book a consultation today to discuss your situation with a trusted family lawyer.
