De Facto Relationships

Family Law

It is important to state that people in a de facto relationship nearly have the same rights as a married couple. Once you can prove that you are in a de facto relationship, the court will hear your matter as they would for a married couple. This means that they will deal with parenting matters and financial matters.

You can be in a de facto relationship with a person while married to another. Such a situation could arise where you are married and having a long-term affair.

It is also possible for a person to be in 2 or more de facto relationships at the same time.

A de facto relationship can be between people of the same sex.

A de facto relationship is defined under section 44A the Family Law Act 1975.

What is a de facto relationship?

Further to what we have already discussed, a de facto relationship is a relationship between two people who are not married or related by family, have as a couple been living together on a ‘genuine domestic basis’.

All the circumstances of the relationship will determine whether a couple have a de facto
relationship. These include:

the duration of their relationship

the nature and extent of their common residence

whether a sexual relationship exists

the degree of financial dependence or interdependence, and any arrangements for

financial support, between them

the ownership, use and acquisition of their property

their degree of mutual commitment to a shared life

whether the relationship has been registered, in a State or Territory with laws for the

registration of relationships

the care and support of children, and

the reputation and public aspects of their relationship.

The court will look at the individual circumstances of the couple to determine if they reach the threshold of being in a de facto relationship. It is important to note that you do not need all the above circumstances to have a de facto relationship.

You must apply to the court for de facto financial orders within two years of the breakdown of the relationship. After the two-year period has passed, you will need the court’s permission to apply for financial orders.

Registration of your de facto relationship

Obviously, it is easier to prove you are in a de facto relationship if your relationship is registered.
To be eligible, the following must apply:

one of you lives in NSW

you are both over 18 years of age

you are not married to each other or anyone else

you are not in a registered relationship in another state or territory in Australia

you are not in a relationship as a couple with another person

you are not related by family

De Facto Relationships

What is a de facto relationship?

Registration of your de facto relationship

How to register your relationship

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