De facto Relationships
Being in a relationship is generally a happy period of time, but when those involved decide to seperate, it can be a difficult time to make arrangements. With an increasing number of people choosing not to formally seal their relationship through marriage, a de facto relationship is recognised within Australian law.
How is a de facto relationship defined?
A person is considered to be legally in a de facto relationship with another person if:
They are over the age of consent
They are committed to each other on a permanent or indefinite basis
They live together on a genuine domestic basis
They are not in a registered relationship or legally married
Although, generally in court, a de facto relationship is only legally recognised where a couple has been in a relationship for no less than two years, unless they have had a child together or have made substantial contributions to property or finances shared by the couple.
What is a genuine domestic basis?
The phrase "genuine domestic basis" encompasses various aspects of the relationship and it can vary depending on individual circumstances. It generally includes but is not limited to:
Shared Residence: The couple must live together under the same roof or share a common residence. However, physical separation for short periods (due to work or other reasons) may not necessarily negate the genuine domestic basis if the overall nature of the relationship remains committed and domestic.
Commitment: The couple should demonstrate a mutual commitment to one another, to share their lives as a couple. The relationship should be exclusive and not involve other partners.
Financial Arrangements: Financial aspects of the relationship are often considered. This may include sharing financial responsibilities, such as joint bank accounts, shared expenses, or mutual financial support.
Social Recognition: The couple should be recognised as a couple by their friends, family, and the community, with both partners presenting themselves as a couple in social and public settings.
What does the court consider?
In the event of a separation with a de facto relationship Courts may consider evidence from both parties, as well as the opinions and perceptions of those who know the couple, to determine whether the relationship qualifies as de facto. This assessment is crucial because it determines whether a couple is eligible for property settlement and other legal rights and obligations that come with a de facto relationship in Australia.
What are the legal rights in a de facto relationship?
The legal rights and responsibilities are similar for a de facto relationship, to that of marriage, but in the event of separation, property, assets and child arrangements can be even more complex. This generally involves having to establish that you were in a genuine de facto relationship, and if there is a child involved, whether they are a child from the de facto relationship.
In the case of separation of a de facto relationship with children, see our pages on parenting agreements and child support for further information.
If you are unsure about your relationship status, or have found yourself having to defend a separation order, contact Orman Solicitors and get legal advice as soon as possible.
For more information on a de facto property settlement please click here.
Do you want more information to help guide you through separation and divorce?
We recommend you read our pages on:
Separation & Divorce Parenting Arrangements Binding Financial Agreements