In Australian family law, the general rule is that you must live together for at least two years to be considered in a de facto relationship.
However, exceptions to this rule may recognise shorter periods if children are involved or if one partner has significantly contributed to the relationship.
Exceptions to the Two-Year Rule
While the two-year period is a standard requirement, there are notable exceptions where a shorter period may still qualify as a de facto relationship.
These exceptions include situations where there is a child of the relationship or where one partner has made significant financial or non-financial contributions to the relationship.
In such cases, the courts may grant de facto status even though the couple has lived together for less than two years.
Key Takeaway: Exceptions to the two-year requirement can apply if one partner has children or has made significant contributions.
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Legal Rights and Responsibilities
Being in a de facto relationship grants partners certain legal rights and responsibilities, similar to those of married couples.
These include rights to property settlement, spousal maintenance, and financial support after separation.
The Family Law Act 1975 provides the framework for these rights, ensuring that both partners are fairly treated if a breakup occurs.
Key Takeaway: De facto partners have legal rights similar to those of married couples, particularly regarding property and financial support.
Also read: De Facto vs Marriage Australia
Proving a De Facto Relationship
If there is a dispute, proving a de facto relationship requires evidence of cohabitation and shared life.
Documentation such as joint bank accounts, shared bills, lease agreements, and affidavits from friends and family can help establish the existence and duration of the relationship.
Courts will examine the nature and extent of the couple’s common residence, financial and domestic arrangements, and social and family life to determine if they qualify as a De Facto relationship.
Key Takeaway: Proving a de facto relationship requires comprehensive evidence of a shared domestic life, including financial and social interdependence.
Impact of De Facto Status on Asset Division
The division of assets when a de facto relationship ends follows similar principles to those applied to married couples.
The court considers factors such as each partner’s financial and non-financial contributions, future needs, and care of any children.
In the division of assets, the court will aim to achieve a fair and equitable distribution, considering both parties’ circumstances.
Key Takeaway: Asset division in de facto relationships aims for fairness, considering contributions and future needs of both partners.
Also read: Cohabitation Agreement Enforceability: 8-Point Comprehensive Guide
Protecting Your Interests in a De Facto Relationship
To protect their interests, de facto partners can enter into a binding financial agreement similar to a prenuptial agreement. This will outline the division of assets and financial arrangements in the case of separation.
Such agreements provide clarity and security for both parties, safeguarding their financial interests.
Key Takeaway: Understanding the requirements and implications of a de facto relationship is important for protecting legal and financial interests in such partnerships.
