Family Law & Divorce

De Facto Relationship

Also known as: common law relationship

In plain English

A genuine couple relationship between two people who live together but are not married. It carries many of the same legal rights as marriage.

What it means

A de facto relationship exists where two people (of any gender) have a relationship as a couple living together on a genuine domestic basis, without being married or related. Courts consider factors like the length of the relationship, living arrangements, finances, and whether the relationship is publicly known. Under the Family Law Act 1975 (Cth), de facto partners can seek property settlement and spousal maintenance only if a jurisdictional gateway is met — usually that the relationship lasted at least two years, there is a child of the relationship, or one partner made substantial contributions and serious injustice would otherwise result. Applications normally must be made within two years of separation.

How it's used

After living together for three years and sharing a mortgage, the couple were found to be in a de facto relationship for the purposes of property settlement.

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