De Facto Relationships

Am I In A De Facto Relationship

Often, couples may find themselves wondering whether their relationship is recognised by the law as de facto.

Determining whether you are in a de facto relationship is important as you are entitled to certain rights if the relationship breaks down.

Section 4AA of the Family Law Act 1975 (Cth) defines a de facto relationship as a couple being in a relationship and living together ‘on a genuine domestic basis’. The couple must not be:

  • Legally married to each other, and
  • Related by family

Both opposite and same-sex couples can be in a de facto relationship.

Furthermore, a Court can find a de facto relationship even when one of the parties is legally married to someone else or in another de facto relationship.

The court has the power to make a declaration to declare that a de facto relationship existed, or never existed, between 2 persons.

The court can determine:

  • The period, or periods, of the de facto relationship;
  • When a de facto relationship ended; and
  • Where each of the parties to the de facto relationship was ordinarily resident during the de facto relationship.

It is extremely significant that the court has the power to make a finding of the first two points.

It will have an impact as to whether a party will be able to make an application for a financial order.

They will also be able to make a determination if the relationship existed at least until 1 March 2009 which was the date of the commencement of the legislation.

The third bullet point is relevant to the geographical requirement in section 90RG of the Act.

The Court must be satisfied that one or both of the parties were residents within “a participating jurisdiction” before being empowered to make any orders.

Click on the links below to find out further information about what your legal options are and what you need to consider in your situation.

Remember if you have a question about a particular issue, you can contact our solicitors for advice by phone or make a website enquiry directly to our office.

Divorce
How To Get A Divorce?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change My Will After Divorce?
Child Custody
What are the best interests of the child?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Children Travelling Overseas?
What is Supervised Contact?
Child Passport After Divorce
Grandparents Rights
Property Settlement
Divorce Property Settlement – How Much Will I Get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Are The Pros and Cons of Financial Agreements?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Contravention of Court Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Separation
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
Mothers' Rights After Separation
De Facto Relationships
Definition of De Facto Relationship
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