How are De facto relationships defined in legal terms?

One issue that frequently arises is whether one is involved in a de facto relationship when it comes to filing a parenting order, financial proceedings, or spousal maintenance.

De facto relationships have been recognised since the 1980s and there are now only a handful of Australian laws that distinguish between married and de facto couples. Since the 90s, the characterisation of a de facto relationship has focused on criteria establishing interdependence and a shared life. As per s4AA of the Family Law Act (FLA), the essence of the definition of a de facto relationship is ‘a couple living together on a genuine domestic basis’ who are ‘not legally married’ or ‘related by family’.

In working out whether there is a relationship, there are various circumstances considered, including:

The duration of the relationship;
The nature and extent of their common residence;
Whether a sexual relationship exists;
The degree of financial interdependence;
The ownership, use and acquisition of their property;
The degree of mutual commitment to a shared life;
Whether the relationship is or was registered;
The care and support of children;
The reputation and public aspects of the relationship.

It should be noted that a couple must have been in a de facto relationship for at least 2 years for it to be recognized, otherwise it would be challenging to establish the existence of the relationship. However, there are 2 exceptions to the two-year rule: namely when there is a child of the de facto relationship or that one of the parties had made a significant contribution to the assets of the relationship that it would be unjust not to make Orders regarding the matters in dispute.

If further guidance is needed regarding the requirements of a de facto relationship, processes of property division, or parenting arrangements, it is highly recommended to seek professional legal advice to fully understand your entitlements before making any applications.

Verge Legal provides legal advice in all states in Australia, contact us today if you need assistance.

This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.