In Australia, a de facto relationship does count as a spouse for many legal and financial purposes.
This recognition means that de facto partners have similar rights and obligations as married couples in various areas, such as property division, tax benefits, and social security.
Under Australian law, de facto relationships are recognised when two people live together on a genuine domestic basis and are not legally married to each other.
The Family Law Act 1975 provides that de facto partners have similar rights to married couples concerning property settlements and spousal maintenance, provided certain criteria are met, such as the relationship lasting at least two years or having a child together.
Tax Implications for De Facto Partners
The Australian Taxation Office (ATO) treats de facto partners the same as married couples for tax purposes.
This means that de facto partners must include each other’s income when determining eligibility for tax offsets, family assistance payments, and other benefits.
Additionally, de facto couples can claim similar deductions and offsets available to married couples.
Key Takeaway: For tax purposes, de facto partners are treated the same as married spouses, affecting income assessments and eligibility for various benefits.
Social Security and Centrelink Benefits
Services Australia recognises de facto relationships for social security and Centrelink benefits. This recognition affects eligibility and payment rates for benefits such as the Parenting Payment, Partner Allowance, and Family Tax Benefit.
De facto couples are assessed jointly, similar to married couples, which can influence the level of support received.
Key Takeaway: De facto couples are assessed jointly for social security benefits, impacting eligibility and payment amounts.
Also read: Is a Boyfriend a De Facto?
Property Rights and De Facto Relationships
When a de facto relationship ends, property division is governed by the Family Law Act 1975, much like in a marriage.
De facto partners can apply to the Family Court or the Federal Circuit Court for property settlements and spousal maintenance.
The court considers various factors, including the length of the relationship, contributions made by each partner, and future needs.
Key Takeaway: De facto partners, like married couples, can seek property settlements and spousal maintenance through the Family Court.
Also read: Disadvantages of De Facto Relationships
Superannuation and De Facto Relationships
In Australia, superannuation benefits can be divided between de facto partners upon the relationship breakdown.
The Superannuation Industry (Supervision) Act 1993 allows for splitting superannuation entitlements like married couples.
This provision ensures that both partners can share the retirement savings accumulated during the relationship.
Key Takeaway: De facto partners can split superannuation benefits upon relationship breakdown, ensuring equitable sharing of retirement savings.
Child Support and Parental Responsibilities
De facto partners have the same parental responsibilities and child support obligations as married couples.
The Child Support (Assessment) Act 1989 applies to both de facto and married parents, ensuring that children receive adequate financial support from both parents, regardless of the parents’ relationship status.
De facto parents have equal child support obligations, ensuring children receive financial support from both parents.
De facto relationships are legally recognised in Australia, granting partners similar rights and responsibilities as married couples across various legal and financial domains.
This recognition ensures that de facto partners can access the same protections and benefits, promoting fairness and equality.
De facto relationships are treated similarly to marriages in Australian law, offering partners equivalent rights and responsibilities in numerous aspects of life.
Overall Key Takeaway: In Australia, de facto relationships are legally recognised and treated on par with marriages, ensuring partners receive similar legal protections, financial benefits, and responsibilities across various domains.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
