De Facto Relationships

A de facto relationship is a relationship that two people who are not married or related by family have as a couple living together on a ‘genuine domestic basis’. It can exist between 2 people of the opposite sex, or between 2 people of the same sex.

De facto relationships are dealt with under the Family Law Act 1975 as a result in changes to the law in which all states and territories with the exception of passed their power in relation to dealing with the division of property between de factos to the Commonwealth Government. The changes to the law also mean that same sex relationships are dealt with within the act in precisely the same way as all other relationships.

The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family.

A de facto relationship of any length will be recognised in some areas of law; that is, there is no time requirement for recognition of the relationship. In these cases, a de facto relationship is treated as a marriage. Areas of law covered here:

* Applying for Legal Aid
* Pensions and Benefits
* Tax
* Children (including recognition of the birth of a child to same-sex female parents)
* Child Support
* Intervention Orders
* Agreements about property
* Criminal Code