How Long Before a Relationship Is Considered De Facto?

Sep 5, 2024

A de facto relationship occurs when partners register it under Australia's Registry of Births, Deaths, and Marriages. It is protected under Section 4AA of The Family Law Act, 1975. For the relationship to be valid, you need to be in a same-sex or opposite-sex partnership and have pursued a domestic life together with some amount of emotional and financial contributions. 

Separation from de facto relationships also works similarly to a generic marriage, and divorce lawyers in Perth WA, will be able to guide you through it. However, knowing when a relationship can be called de facto is crucial before you seek legal assistance. 

What are the criteria for a de facto relationship?

There is often confusion about what does and does not qualify as a de facto relationship. Essentially, when you and your partner pursue a domestic life together without being registered as married. It is also possible to be married and have a de facto partner along with your married spouse at the same time in Australia in case of polyamorous relationships. The domestic basis is qualified by factors like:

  1. Contributions made by either party that show the existence of the relationship.

  2. The duration of the relationship is longer than two years

  3. A child from the relationship.

All the above factors are crucial for a relationship to be considered de facto. However, the court may still look into matters like the financial dependence and independence of each partner, the commitment to shared life, the sexual relationship between the partners, etc. All of these factors may also be brought up during separation.

Relationship Registration

De facto partners are legally recognized as being in a viable and accepted relationship in Australia. They can register their relationship with the Registry of Birth, Death, and Marriages. 

When registered for this, you no longer have to provide proof of your domestic relationship with the people in the de facto partnership. This makes it easier for people to access legal rights and protection, safeguarding their vested interest as a part of this conjugation.

Rights to property

A de facto couple is registered under the Family Law Act in Australia. This grants them the same bouquet of rights and protections as a married couple. Like any other marriage, the partners have the right to come to a mutual agreement on the shared or divided ownership of property between them.

What are the flights a de facto couple has during separation?

Like married couples, de facto partners have the same rights during separation. This includes issues like spousal maintenance, child support, and property division. Regardless of the relationship between the partners, the children enjoyed the right to maintenance and protection. So, what rights do the partners have?

2-year period to finalize property and maintenance

After the date of separation, the partners have a mandated 2-year period to decide on their property settlements. This generally includes all the assets, financial resources, liability, and child care. This also includes maintenance claims and deciding the amount each partner is to pay. If this window is missed, you can still apply for an “out of time” with adequate proof and reason for the delay mentioned.

Care of child

Like any marriage, the children are always protected and entitled to maintenance care by their legal guardians. Another aspect to consider is whether the partners have a child and the decisions regarding its care. This includes matters of custody and financial support for the child. In case one or more of the partners disagree to pay for child support, the Department of Human Support (Child Rights) can extract the amount from them through legal means. 

Conclusion

In this article, we have covered all the points associated with de-facto couples and the exact time bracket when the relationship can be regarded as de-facto. In essence, a de facto relationship is valid and under force the moment a set of partners register it as such. 

Since same-sex marriage is been legal in Australia since 2017, it makes de facto relationships mostly comprised of more than two partners or polyamorous relationships. In case of a divorce, too, a divorce of the best criminal lawyers in Perth will be able to walk you through the process. So, if you or a loved one requires professional support, legal assistance will be helpful.