If you have recently experienced the breakdown of a de facto relationship, you may be unsure about your legal rights. You may also be in a de facto relationship and want to understand how the law applies to you.
Although de facto couples are not married, the law treats separation in a similar way to divorce in many situations.
This guide explains what a de facto relationship is and what legal rights may apply when a relationship ends.
What is a De Facto Relationship?
Australian family law defines a de facto relationship as two people living together on a domestic basis as a couple (
Australian family law).
This does not include married couples or people who are related.
Most de facto couples live together in a relationship for at least two years. However, the court may still recognise shorter relationships in some cases. This can happen where children are involved or where significant shared assets exist.
Courts assess each relationship individually. They consider several factors when deciding if a de facto relationship exists, including:
- Whether the relationship is registered with a state registry
- Property ownership and use
- Financial dependence between partners
- The level of commitment to a shared life
- How the relationship appears in public
- Whether the relationship is sexual in nature
There is no single definition that applies to every case. Courts decide based on the full circumstances of the relationship.
Legal Significance of a De Facto Relationship
A de facto relationship becomes legally important when the couple separates. The law gives de facto partners similar rights to married couples in many areas.
Courts may divide property based on financial and non-financial contributions made by each partner during the relationship.
A partner may also need to pay spousal maintenance if the other partner cannot support themselves.
Superannuation can also be divided between de facto partners in the same way as married couples.
In some cases, social security and compensation entitlements may also apply, particularly where children or financial dependence exist.
How to Protect Your Assets in a De Facto Relationship
De facto couples can create a financial agreement at any stage of their relationship. This agreement sets out how assets and property will be divided if the relationship ends.
Some couples choose to formalise their agreement at
separation. This can help avoid disputes about property, assets, and spousal maintenance.
You should also review your estate planning documents. This includes your Will, superannuation nominations, and insurance policies, especially if your former partner is listed as a beneficiary.
In Summary
De facto relationships can have serious legal and financial consequences. You should understand your rights before or after separation.
If you need advice, contact us on (03) 9422 5439 or email
[email protected].
We assist clients across Melbourne, including
South Morang and
Warrnambool.
