De facto Relationships

The Family Law Act 1975 defines a De Facto relationship as a close personal relationship between two adults, who are living together, one of each of whom gives domestic support and person care to the other and who are not legally married.  

To determine whether a relationship is considered De Facto, the court will consider the following factors:

• The duration of the relationship

• Whether a sexual relationship exists

• The degree of mutual commitment to a shared life

• Division of household labour

• Whether one partner is financially dependent on the other

• The reputation and public perception of the relationship

• The existence of any children

After separation, each party of a De Facto relationship has the same rights and obligations as a party to a marriage that has broken down.  A party to a De Facto relationship can apply to the Family Law Courts for Orders that bind the other party. However, any claim must be made within two years from the date of separation.

If you would like advice regarding your rights after a breakdown of De Facto relationship, please contact our office to arrange an appointment with our experienced team.