DE FACTO RELATIONSHIPS

De facto relationships in Australia have come under the jurisdiction of the family courts since 2009 and – with some small exceptions – are largely treated the same way as married couples.

To be eligible for a property settlement, it is important to determine that a de facto relationship exists pursuant to the legislation.

In deciding whether or not a de facto relationship exists, the following factors (amongst others) are relevant:

• How long the parties have cohabited
• If there was a sexual relationship
• Whether there are any children
• If the relationship was registered
• The degree of financial interdependency
• The acquisition and use of property
• Commitment to a shared life
• Public perception of the relationship

None of these factors are individually indicative of a de facto relationship. For example, the court has found parties to be in a de facto relationship where parties have never lived together, or in circumstances where one party was married to another person. Some factors may be given more weight than others.

At Starling Family Law, we are experienced in matters relating to de facto relationships and can help you to navigate your options for resolving any disputes that have arisen, both prior to or during your relationship or following a relationship breakdown. See also our page on Binding Financial Agreements for more information.