Same Sex and De-Facto Relationships

In its essence, the Family Law Act 1975 contains mirror provisions that apply to both married and de facto couples. In Australia, married and de facto couples essentially have the same legal rights and obligations. There is, however, some fundamental differences for de facto couples that are more difficult to establish than if you are married.

De facto couples must first prove that a de facto relationship exists and is valid. This is determined by several factors, including, but not limited to, the length of your relationship, the intermingling of your finances, if there is a child of the relationship, whether the relationship was registered and the nature of your relationship. However, you do not need to satisfy all requirements for the Court to consider that a de-facto relationship existed.

There is no requirement under the law to register the end of your de facto relationship. Unlike married couples who only have one (1) year from the date of divorce, you have two (2) years to apply to the Court for a property settlement after separation. It is therefore important to commence negotiations to finalise your property settlement well before the expiration of the two (2) year period to aim to avoid an application to the court.