A de facto relationship refers to a legally recognised partnership between two people who live together as a couple without being married. In Australia, de facto couples have similar rights and responsibilities to married couples under domestic relations law, particularly in matters such as property division, financial entitlements, and parenting arrangements.
Understanding what is a de facto relationship is essential for anyone living with a partner, as legal recognition can impact financial assets, superannuation, inheritance, and separation rights. But how does the law define a de facto partner, and what factors determine whether a relationship qualifies? This guide breaks down the legal definition, key rights, and how de facto relationships differ from marriage.
What is a De Facto Relationship and What Counts Under Australian Law?
In Australia, the law clearly defines what is a de facto relationship as a couple living together on a genuine domestic basis, without being married.
The definition of a de facto relationship under Australian law is outlined in the Family Law Act 1975, which states that two people—whether of the same or opposite sex—are considered de facto partners if they share a life similar to a married couple.
However, cohabitation alone does not automatically mean a common law status applies. Courts assess various factors to determine whether a relationship status qualifies as de facto, including:
- Duration of the relationship – Typically, two years or more is required.
- Financial dependency – Sharing income, assets, or financial responsibilities.
- Property ownership and living arrangements – Whether you own property together or have joint leases.
- Commitment to a shared life – Public perception, social acceptance, and evidence of a serious relationship.
- Children – If the couple has a child together, legal recognition is often stronger.
Many people ask, “Is a boyfriend a de facto relationship?” The answer depends on whether the relationship meets the legal criteria outlined above. Casual dating or short-term relationships do not qualify.
How Do You Prove a De Facto Relationship?
To claim legal recognition as de facto partners, you must provide evidence that your relationship meets the required criteria under domestic relations law. Unlike marriage, which is proven with a legal certificate, de facto status requires demonstrating a genuine domestic partnership.
Key Factors Courts Consider
If a dispute arises—such as during a separation or estate claim—the courts will examine multiple aspects of your relationship status, including:
- Length of the Relationship – A couple must have lived together for at least two years unless they have a child together or meet special circumstances.
- Living Arrangements – Whether you reside in the same household and maintain a common law status in daily life.
- Financial Interdependence – Shared bank accounts, joint loans, property ownership, or one partner being financially dependent on the other.
- Social Recognition – How family, friends, and the public view the relationship, including joint invitations, holidays, or being listed as an emergency contact.
- Commitment to a Shared Life – Plans for the future, mutual care, and emotional support.
Proving a De Facto Relationship
Evidence may be required for legal matters such as what can a de facto claim in separation proceedings or superannuation disputes. Supporting documents include:
- Utility bills, rental agreements, or mortgage papers with both names
- Bank statements showing shared expenses
- Joint insurance policies or wills
- Statutory declarations from friends and family confirming the relationship
For those wondering, “Is a boyfriend a de facto relationship?”, the answer depends on whether the partnership meets these legal criteria. Simply dating or spending significant time together does not automatically qualify as de facto.
De Facto vs Marriage: What’s the Difference in Law?
A de facto relationship and a marriage share many legal similarities in Australia, but there are key differences in how they are defined and recognised under domestic relations law. While both offer legal protections regarding property, finances, and parenting, their legal standing and requirements vary.
Key Legal Differences Between De Facto and Married Couples
- Legal Recognition
- Marriage is a formal, legally binding union recognised upon registration.
- A de facto relationship requires no legal ceremony but must be proven based on evidence of shared life arrangements.
- Proof of Relationship
- Married couples receive an official marriage certificate.
- De facto couples must provide evidence of their relationship status, such as financial records, cohabitation agreements, and joint responsibilities.
- Time Requirements
- Marriage is immediately recognised once registered.
- De facto couples must meet a two-year requirement before they can make legal claims unless they have a child together or special circumstances apply.
- Ending the Relationship
- Divorce requires a formal application and a 12-month separation period.
- De facto relationships do not require legal divorce, but asset division and financial claims still apply.
Common Law Marriage in Australia: Does it Exist?
Many people assume that common law marriage in Australia grants the same rights as marriage, but this is a misconception. Unlike some other countries, Australia does not have a common law status that automatically applies after a certain period. Instead, de facto partners must actively prove their relationship under domestic relations law to claim legal rights.
What Can a De Facto Partner Claim After Separation?
A de facto partner has legal rights similar to a married spouse when it comes to financial settlements, property division, and parenting arrangements. However, certain conditions must be met before making a claim under domestic relations law.
Is a De Facto Partner Entitled to Half?
Unlike in a marriage where assets are often divided equally, a de facto partner is not automatically entitled to half of the shared property. Instead, courts consider:
- Length of the relationship – Generally, de facto couples must have lived together for at least two years to make a financial claim.
- Contributions to the relationship – This includes financial contributions (such as mortgage payments or investments) and non-financial contributions (such as childcare or home maintenance).
- Future financial needs – If one partner has a significantly lower earning capacity, they may be entitled to spousal maintenance.
- Shared debts and liabilities – Courts assess not only assets but also debts accumulated during the relationship.
What Can a De Facto Partner Claim?
A de facto partner can make claims related to:
- Property Settlement – Assets, real estate, and financial resources may be divided, similar to married couples.
- Spousal Maintenance – If one partner is financially dependent, they may apply for support.
- Parenting Rights – De facto partners with children have the same parental responsibilities as married couples.
- Superannuation – In some cases, de facto partners may be eligible for a share of the other’s retirement savings.
Time Limits on De Facto Relationship Claims
De facto partners seeking financial settlements or parenting orders after separation must be aware of the strict time limits imposed under domestic relations law. Unlike married couples, who must go through a formal divorce process, de facto couples have specific deadlines to make legal claims.
When Can a De Facto Partner Make a Claim?
A de facto partner must apply for property settlement or spousal maintenance within two years of the relationship ending. If a claim is not made within this period, the right to seek financial orders may be lost.
However, exceptions can be made if:
- The partner can prove significant hardship if a claim is not allowed.
- The couple has a child together, which may extend legal rights.
Time Limits on Parenting Orders
There is no specific time limit for making parenting orders, as decisions involving children are based on their best interests. However, it is advisable to act promptly if seeking parental arrangements through the court.
Failing to Act Within the Time Limit
If a de facto partner fails to lodge a claim within the required timeframe, they must seek court approval to proceed, which can be difficult without strong justification.
How to Register De Facto Relationship in Australia
Although de facto relationships are recognised under domestic relations law, registration can provide additional legal certainty and benefits. While registration is not mandatory, it can make proving a de facto partner status easier, particularly in cases involving property division, superannuation, and estate planning.
Where Can You Register a De Facto Relationship?
Registration is available in several Australian states and territories, including:
- New South Wales
- Victoria
- Queensland
- Tasmania
- Australian Capital Territory
In these locations, couples can apply through the state-based Births, Deaths and Marriages registry. South Australia also allows de facto relationship registration, but Western Australia and the Northern Territory do not currently offer this option.
Benefits of Registering a De Facto Relationship
Registering a de facto relationship can:
- Provide legal recognition without the need to prove the relationship in court.
- Ensure automatic legal entitlements, such as inheritance and superannuation rights.
- Simplify financial and property disputes in case of separation.
- Strengthen visa applications, particularly for partner visa applications.
Steps to Register
To register a de facto relationship, both partners must:
- Meet residency requirements – At least one partner must reside in the state where registration is being sought.
- Complete an application form – Available through the relevant state’s Births, Deaths and Marriages registry.
- Provide supporting documents – Such as identification, proof of address, and a statutory declaration confirming the relationship.
- Pay a registration fee – Costs vary depending on the state.
Once approved, a relationship certificate is issued, which serves as official proof of a de facto relationship.
Registering a de facto relationship may not be necessary for all couples, but it can provide significant legal protections and simplify future claims.
Final Thoughts: Know Your Rights in a De Facto Relationship
A clear understanding of what is a de facto relationship is essential for protecting financial and legal rights. De facto partners may be entitled to property settlements, financial support, and parenting rights, but legal recognition depends on meeting specific criteria. With strict time limits on de facto claims, taking the right legal steps early can safeguard future entitlements and prevent disputes.
Get Legal Support from KPT Legal
KPT Legal provides expert legal advice on what is a de facto relationship, financial entitlements, and property disputes. Our family law specialists offer tailored guidance to ensure your rights are protected. Contact KPT Legal today to speak with an experienced family lawyer.
