In our latest episode of Legally Briefed, we dive into the topic of de facto relationships under Australian family law with Steven Edward.
De facto relationships often carry similar legal rights to marriages, but the pathway to proving and understanding these rights can be unique. For those navigating separation in a de facto relationship there are different questions to divorcing couples given the ease of establishing the start of a relationship from the date of marriage. This is important information for anyone starting or ending a de facto relationship.
What Defines a De Facto Relationship?
A de facto relationship is essentially a "marriage according to the facts" rather than one validated by a marriage certificate. Legally, it's defined by a genuine, domestic partnership where two people, regardless of gender, live together as a couple without being married. But this status isn't as straightforward as it seems.
As explained in the podcast, "If it walks like a duck, it's probably a duck," meaning that if the relationship resembles a marriage, it's likely considered a de facto relationship. To qualify legally, couples typically need to have lived together on a "genuine domestic basis" for at least two years.
Exceptions do exist, such as situations involving shared children or significant financial contributions by one partner, which can establish de facto status even in a shorter timeframe.
Listen to the Episode on Spotify Here:
Legal Benefits and Protections for De Facto Couples
Under the Family Law Act, de facto couples in Australia have nearly identical rights to those of married couples, covering property division, superannuation, and even spousal maintenance in some cases. This means that when a de facto relationship ends, both partners have rights to property and assets in the relationship, just like those of a married couple.
However, as noted by Steven in the podcast, "There's no automatic 50-50 entitlement." Instead, entitlements are based on contributions (financial and non-financial) and future needs.
Contributions can be both financial and non-financial. For example, one partner may be a caregiver for children or as a contributor to household in unpaid work and this will be considered in a property settlement. This nuanced approach ensures that contributions from both parties to the relationship are recognised fairly.
Proving a De Facto Relationship
For some couples, especially those who split their time across different locations or live separately for work or family reasons, proving a de facto relationship can be more complex. Courts understand these factors and consider a variety of factors including: financial arrangements; public acknowledgment as a couple; shared household duties; and the any children or dependents.
As Steven mentions in the podcast, "Every single case has unique facts." The details of each relationship matter. So it's essential to understand what the courts will consider when thinking about a property settlement after a relationship breakdown. Considerations such as frequent cohabitation, mutual financial dependence, or shared social connections can all help establish a couple's de facto status in legal proceedings.
Key Differences in Law Across Australia
While family law in Australia generally offers uniform protection, minor differences exist, notably in Western Australia, where de facto couples only recently gained the right to split superannuation after separation. This change reflects ongoing legal progress to provide de facto couples with comprehensive rights across the country. No matter what state you reside in our family lawyers can offer expert family law advice.
Should You Seek Legal Advice?
Establishing or proving a de facto relationship can have significant legal and financial implications. As suggested in the podcast, getting expert advice is essential. A family lawyer can help ensure that both partners' rights are protected, from property division to financial security. Our podcast episode highlights the importance of clarity: "Getting advice ensures you know where you stand and what steps to take."
If you are just starting a de facto relationship or thinking about ending a de facto relationship our family lawyers can help you with your rights and how to protect yourself in a property division.
You may be considering a Binding Financial Agreement (prenup or postnup) or making custody arrangements for your children. Getting clarity from a reliable source will ensure that you can make the best decisions for you and your family.
Speak to one of our family lawyers for assistance today on your de facto relationship entitlements.
Tune In to Learn More
For a more in-depth look at de facto relationships and related family law topics, listen to our podcast episode on Legally Briefed. Whether you're in a de facto relationship or contemplating one, understanding your legal rights is key to protecting your future.
For professional guidance tailored to your circumstances, reach out to our team at PCL Lawyers today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
