De facto Relationship

The Family Law Act 1975 allows de facto couples (heterosexual and same sex) to access the federal family law courts for property and maintenance matters.

A de facto relationship is a relationship that two people who are not married have as a couple living together on a ‘genuine domestic basis’.

It can exist between 2 people of the opposite sex, or between 2 people of the same sex.

All the circumstances of the relationship will determine whether a couple have a de facto relationship. These include:

• The duration of their relationship
• The nature and extent of their common residence
• Whether a sexual relationship exists
• The degree of financial dependence or interdependence, and any arrangements for financial support, between them
• The ownership, use and acquisition of their property
• Their degree of mutual commitment to a shared life
• Whether the relationship has been registered, in a State or Territory with laws for the registration of relationships
• The care and support of children, and
• The reputation and public aspects of their relationship.

All states except Western Australia have referred their powers to the Commonwealth in relation to dealing with property adjustments after the breakdown of a de facto relationship.

For the referring States and Territories the Family Law Act 1975 (Cth) (“FLA”) now deals with property and maintenance issues for heterosexual and same sex de facto couples.