A de facto relationship is one in which a couple lives together on a genuine domestic basis.

The first point to note is that you do not need to be living together for two years before you are considered to be living in a de facto relationship. 

However, the Family Law Act does not generally apply to de facto relationships unless the couple has been living together for at least two years OR there is at least one child of the relationship. 

The significance of this is that the Family Law Court has the power to make financial orders, and this includes property settlements, spousal maintenance matters and superannuation splits.

While there is no clearly defined meaning for de facto relationships, the following factors will be considered when assessing whether two people are in a de facto relationship:

• Are they living together?
• How long have they been living together?
• Do they have a sexual relationship?
• Do they share joint bank accounts?
• Do they jointly own property?
• Do they share weekly living costs like electricity or telephone bills?
• Do their family and friends recognise them as a couple?
• Do they have any children together?

A person can only ask a court to make an order about financial matters if the following requirements are fulfilled:

• The two parties have been in a de facto relationship that has now ended.
• The de facto relationship lasted at least two years.

OR

• If the de facto relationship was shorter than two years then:

– The person who wants an order has made a substantial contribution.

– To not make an order would result in serious injustice to the person applying for an order.

OR

• There is a child of the de facto relationship.

OR

•  The de facto relationship is registered under a prescribed law of a State or Territory.

If you would like to know your rights as a party in a de facto relationship, please do not hesitate to contact us for advice and guidance.