De Facto Relationships in Western Australia and Northern Territory
Brief knowledge about De facto relationships was mentioned in the previous blog. In this blog, the most asked question: Can people from Western Australia and Northern Territory also be in de facto relationships?
So, the answer is: Yes, people from Western Australia (WA) and the Northern Territory (NT) can be in a de facto relationship, and their relationships are legally recognised, but there are some key differences compared to the rest of Australia, especially in how family law is applied.
De Facto Relationships in Western Australia
In Western Australia, de facto relationships are recognised under state law, not the federal Family Law Act (except for matters involving children). Here’s what you need to know:
- WA has its own Family Court (Family Court of Western Australia).
- Property settlement and spousal maintenance for de facto couples are governed by state legislation, specifically the Family Court Act 1997 (WA).
- The same two-year rule applies (or shorter if you have a child together or made significant contributions).
- Superannuation splitting is not currently available for de facto couples under WA law, unlike in other states.
Note: There have been ongoing discussions about bringing WA into the federal family law system for de facto matters, but this hasn’t happened yet.
De Facto Relationships in the Northern Territory
In the Northern Territory, de facto relationships are recognised and governed by the federal Family Law Act 1975, just like in most other Australian jurisdictions. That means:
- De facto partners can apply for property settlement, spousal maintenance, and superannuation splitting under the federal system.
- You can apply to the Federal Circuit and Family Court of Australia for relevant orders.
- You must apply within 2 years of separation unless the court grants special permission.
- Can You Register a De Facto Relationship in WA or NT?
- WA: No — There is no formal relationship registration system for de facto relationships in Western Australia.
- NT: No — The Northern Territory also does not offer relationship registration.
Instead, couples in WA or NT must prove their de facto status using cohabitation, shared finances, and mutual commitment (as explained earlier).
Summary
| State/Territory | De Facto Relationship Recognized | Register Relationship? | Follows Federal Law? |
| Western Australia | Yes (under WA law) | No | Property law is state-based |
| Northern Territory | Yes (under federal law) | No | Yes |
If you’re unsure about your legal standing or need help with a separation, consider speaking with the best Nepali lawyer in Australia: Ghothane Lawyers, who specializes in de facto relationships in Australia.
FAQ: De Facto Relationships in WA & NT
1. Are de facto relationships legally recognised?
Yes, both WA and NT recognise de facto relationships, but under different laws.
2. What qualifies as a de facto relationship?
Two people living together in a genuine domestic relationship, regardless of gender.
3. Can de facto partners apply for property settlements?
Yes. WA uses state law; NT uses federal law. Time limits apply.
4. Is superannuation split allowed?
Yes in NT; not currently available for de facto couples in WA.
5. What about children?
Children are treated the same as those from marriages under federal law.
6. Are same-sex de facto relationships recognised?
Yes, fully recognised in both WA and NT.
7. Where can I get help?
Contact Ghothane Lawyers for support.
Need legal help or a consultation?
Contact our experienced family law team for guidance on your de facto relationship, rights, and next steps. If you have any questions, concerns, or requests related to a de facto relationship, please contact us at:
Ghothane Lawyers
Address: Level 1, 550 Lonsdale St, Melbourne VIC 3000
Phone: 1800 886 886
Email: info@ghothane.com.au
Let Ghothane Lawyers be your trusted legal partner in Australia!
