Everything you need to know about a de facto relationship
In Western Australia, a de facto relationship is a relationship where two people, regardless of gender and who are not married to each other, live together in a. A de facto relationship is a relationship in which a couple lives together on a genuine domestic basis. This definition is the same across Queensland, New South. De facto relationships are dealt with under the Family Law Act as a result in changes to the law in which The legal definition of a "de facto" relationship.
If you want a quick definition — ask yourself this question: If you are currently going through a de facto breakup, we suggest you arrange a de facto separation agreement The Legal Definition Of A De Facto Relationship According to this act, you are in a de facto relationship if: The duration of your relationship Your living arrangements together How your finances are arranged — the degree of financial dependence and interdependence Whether a sexual relationship exists The way you present your relationship in public The degree of mutual commitment to a shared life Whether you own property together and how you have bought it Whether your relationship is registered with the state Whether you have or care for children together It is worth noting that none of these factors is a necessary requirement [Section 4AA 3 ] and other factors may also be taken into account [Section 4AA 4 ] What States Does This Definition Apply To?
This applies to all states and territories in Australia, with the exception of Western Australia. The reason being that all states except WA have referred their powers to the Commonwealth Family Law Act in relation to dealing with property and maintenance issues after the breakdown of a de facto relationship.
- Family Court of Australia
- What’s The Definition Of A De Facto Relationship In Australia?
- defacto relationships
As mentioned above, the duration of your relationship is a factor in determining whether you are in a de facto relationship or not. There is no set rule of time for this.
However, you will usually need to demonstrate you have lived together for at least two years.
What’s The Definition Of A De Facto Relationship In Australia?
There are exceptions to this rule — for example if you have a child from your relationship. Australian law does not discriminate between homosexual or heterosexual relationships.
Each case is examined individually and the specific circumstances of the relationship taken into consideration. You can also be considered to be in more than one de facto relationship at a time.
The Family Law Act specifically acknowledges that a person can be in a de facto relationship regardless if they are in another de facto relationship. Meaning that a de facto relationship does not need to be mutually exclusive.
This provides you with a certificate which can be used as proof of the de facto relationship and how long you have been together. A registered relationship or civil union may also create rights for property division, even though you may not have lived together for two years.
Am I in a de-facto relationship?
Breakdown of a de facto relationship Most de facto relationships end amicably. Sometimes, however there are dispute regarding the division of property or children.
Upon the breakdown of a de facto relationship, there are three ways to sort out how to divide property: By agreement without court involvement; Through an agreement formalised by the court through an application for Consent Orders ; or By applying to the court for orders.