Legal Services

De-facto relationships

treated as marriages?

Two year time threshold!

Unless there are children involved.

financial orders first!

Recent amendments to the Family Law Act now ensure Australia's de facto couples, including same-sex couples, share the same rights as their married counterparts when it comes to both property distribution and child custody. They're also entitled to enter into financial agreements with their spouse at any point at the beginning, middle or end of their relationship.

A de facto relationship is defined through a framework including time, living situation and financial contributions;

  • your relationship lasted for more than two years;
  • you and your partner have a child;
  • the relationship was registered; & whether there was a sexual relationship;
  • you've made substantial contributions to your partner financially or to a shared home.
  • how long the relationship lasted;
  • whether or not the couple were living together;
  • whether there was a sexual relationship;
  • whether you had children or cared for children from a previous relationship together;
  • whether you owned property;
  • if the relationship was registered under state or territory law;
  • the way you presented your relationship when in public.