De Facto Relationship
Do you fall within the definition of a De Facto Relationship?
Check out the Family Court De Facto Relationships.
De facto relation is relationships in which a couple live together on a ‘genuine domestic basis’. This definition is the same across all states and terrorities across Australia. A couple by marriage or who are related by family cannot be considered to be in a de facto relationship. However, if a person is legally married they can still be considered to be in a de facto relationship with another person they are not married to.
A person would not have a de facto partner unless they have lived together as a couple for two years without separation. Therefore, the length of time to be considered de facto is two years. However, if there are children or substantial contributions to joint property, exceptions are made to this rule.
De facto relation is governed under the Family Law Act 1975. This means that your rights regarding property settlement, child maintenance and separation are dealt with under the Family Law Act 1975. De facto relationships in Western Australia are governed by the Family Law Act 1997 (WA), however.
Registration of a De Facto Relationship
In Victoria, along with most other states, you are allowed to register your de facto relationship through the Registry of Births, Deaths and Marriages. The registry will provide 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.