de Facto Relationships

What is a De facto Relationship?

You have been seeing the same person for an extended period of time, though you are not married and you do not have an intention to marry.  You may be living together, own a house together, and may even have children together.  So, what does this mean? If you are not married, what type of relationship are you in?

In this scenario, it is likely that you and your partner will be in a de facto relationship.  But what is a de facto relationship?  

The Family Law Act 1975 defines a de facto relationship as two persons who:

1. Are not legally married to each other; and

2. Are not related by family; and

3. That in having regard to the circumstances of the relationship, they have a relationship as a couple living together on a genuine domestic basis.

A de facto relationship can exist between a couple in a heterosexual relationship, or in a same sex relationship.

The Court has discretion under the Family Law Act 1975 to make findings about whether two people are living together as a couple on a genuine domestic basis.  The matters they will consider are as follows:

· The length of the relationship;

· The nature and extent of any common residence (i.e. were you living together on a genuine domestic basis);

· Whether a sexual relationship existed;

· The degree of financial dependence or interdependence the two people had;

· The degree of a mutual commitment to life;

· Whether the relationship was registered;

· Whether there are children of the relationship;

· Whether the people own property together, and how that property was used;

· The reputation and public aspects of the relationship; and

· Any other matters that the Court considers relevant.

If your de facto relationship breaks down, subject to meeting a criteria, you will be entitled to apply for a family law property settlement under the Family Law Act 1975.

There are time limits that apply following the breakdown of a de facto relationship to apply to the Court for a property settlement. People who were in a de facto relationship have 2 years from the date of separation to apply to the Court (either by consent or to commence family law proceedings).  If you miss this time limit, you will need leave of the Court to apply for a property settlement.  If you are out of time, you should see a family law solicitor immediately.

If you are not sure if you were in a de facto relationship, or you would like to know more about your rights and entitlements under the Family Law Act 1975 in relation to parenting and property matters, you should seek advice from a family law solicitor.

If you would like to discuss your matter and how we can assist you, please contact us today on (02) 6225 7040 by email info@rmfamilylaw.com.au or get started now online.

Are your contributions to a de facto relationship worth less because you are not married? The Full Court says “No”

Are your contributions to a de facto relationship worth less because you are not married? The Full Court says “No”

In 2018, a Trial Judge of the Federal Circuit Court of Australia made Orders for a property settlement, in favour of the de facto husband. The outcome provided for the de facto husband to receive a significant adjustment of 75% of the pool of assets, and the de facto wife the remaining 25%.

In Whiton & Dagne [2019] FamCAFC 192, the Full Court of the Family Court overturned the decision of the Trial Judge, referring to his decision as a “‘leap from words to figures” insufficiently heralded by any reasoning”.

Dating or De Facto: What's the difference?

The Family Court and Federal Circuit Court have jurisdiction to deal with the property of de facto couples who have separated. Separated couples however may not be sure whether they are ‘entitled’ to a property settlement, depending on whether or not they were living with their former partner.

So, you may ask, what is the difference between a de facto couple, as compared to a couple who has been dating?

To make an appointment please telephone (02) 6225 7040 or send enquiry