De Facto Relationships in Australia: Your Complete Legal Guide
De facto relationships in Australia are becoming increasingly common as more couples choose to live together without getting married. But what does this mean for your legal rights? Whether you’re currently in a de facto relationship, planning to move in with your partner, or going through a separation, it’s crucial to understand how de facto relationships are treated under Australian law.
In this guide, we’ll break down the definition, legal rights, how to prove a de facto relationship, and what happens if it ends. Also, answers to the most frequently asked questions.
• What Is a De Facto Relationship in Australia?
A de facto relationship exists when two people (of any gender) live together on a genuine domestic basis, like a married couple, but are not legally married.
According to the Family Law Act 1975, a de facto relationship is legally recognized if:
1. You’ve lived together for at least two years continuously; or
2. You have a child together; or
3. Your relationship is registered under state or territory law; or
4. One person has made significant contributions, and not recognizing the relationship would cause injustice.
This means you don’t need to be married to enjoy similar legal protections, but certain conditions must be met.
• Legal Rights of De Facto Couples in Australia
De facto relationships in Australia carry many of the same legal rights and responsibilities as marriage, especially regarding separation and family law matters.
Here are some key legal rights:
• Property Settlements
De facto partners can apply to the Family Court for a division of property and assets after separation, just like married couples.
• Spousal Maintenance
If one partner cannot adequately support themselves after separation, they may be entitled to financial support from the other.
• Superannuation Splitting
Superannuation (retirement savings) can be split between de facto partners as part of a property settlement.
• Parental Rights
Both partners have equal legal rights and responsibilities concerning children born or raised during the relationship.
• How to Prove a De Facto Relationship
To claim legal rights, you may need to prove the existence of a de facto relationship. Courts consider various factors, including:
1. Duration of the relationship
2. Whether you lived together
3. Joint finances (shared accounts, bills)
4. Property ownership or lease agreements
5. Presence of children
6. Mutual commitment and household duties
7. Public recognition of your relationship
Note: You don’t need to meet all criteria — the court looks at the relationship as a whole.
• Registering a De Facto Relationship
Registering your relationship isn’t mandatory, but it can make it easier to establish your legal status, especially in visa, medical, and legal matters.
You can register a de facto relationship in:
1. New South Wales (NSW)
2. Victoria (VIC)
3. Queensland (QLD)
4. Tasmania (TAS)
5. Australian Capital Territory (ACT)
Registration provides official documentation of your relationship, which can be useful in both personal and legal situations.
• What Happens When a De Facto Relationship Ends?
If a de facto relationship ends, you have two years from the date of separation to apply to the court for:
1. Property division
2. Spousal maintenance
3. Superannuation orders
If children are involved, parenting arrangements must be made in the child’s best interests, just as they would for married couples.
Tip:
It’s wise to seek legal advice early to understand your options and protect your rights.
• FAQs About De Facto Relationships in Australia
1. How long do you have to live together to be considered de facto in Australia?
Usually for 2 years, unless you have a child together, registered the relationship, or made significant contributions.
2. Do de facto couples have the same legal rights as married couples?
Yes, under the Family Law Act, de facto couples have similar rights to property, children, and maintenance.
3. Can same-sex couples be in a de facto relationship?
Absolutely. Same-sex de facto relationships are fully recognized under Australian law.
4. What if my de facto relationship ends — can I claim property?
Yes. You have 2 years from the date of separation to apply for a property settlement.
5. Is registering a de facto relationship required?
No, but registering can make it easier to prove the relationship in legal or official matters.
6. Does a de facto partner inherit my estate if I die?
Yes, if you’re in a genuine de facto relationship, your partner may have a legal claim to your estate, especially if you die without a will.
7. Can people from Western Australia and Northern Territory apply for a de facto relationship?
Yes, individuals in Western Australia and the Northern Territory can apply for de facto relationship recognition, even though they cannot register their relationship with a state registry.
• Final Thoughts
De facto relationships in Australia carry significant legal implications, especially if the relationship ends or one partner passes away. Whether in a long-term de facto partnership or just moving in together, understanding your legal position can protect your rights and prevent future disputes.
If you’re unsure about your legal standing or need help with a separation, consider speaking with a best Nepali lawyer in Australia: Ghothane lawyers who specializes in de facto relationships in Australia.
• 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 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!
