DE FACTO LAWYERS IN SYDNEY

A de facto relationship is formed when two individuals live together as a couple in a genuine domestic arrangement, without being legally married. To determine whether a relationship qualifies as de facto, the court takes into account several factors, such as the length of the relationship, financial interdependence, living arrangements, and how the relationship is viewed by others. Unlike married couples, de facto partners are required to provide evidence of these elements if they seek legal intervention, as establishing a de facto relationship is more complex than proving a marriage.

The Court uses the following criteria to assess whether you are in a de facto relationship:

• Both individuals are over the age of 18 and not legally married to each other
• They are not related by family
• Considering all the circumstances, they live together as a couple on a genuine domestic basis

The Court may also take the following factors into account:

• Duration of the Relationship: How long have they been together? Were there any significant breaks during which they dated other people?
• Existence of a Sexual Relationship: Did the couple have a sexual relationship? Were they physically intimate on a regular basis? Did they maintain separate bedrooms, and if so, why?
• Degree of Financial Dependence: Did one partner cover all the household expenses, or were they shared? Was one partner financially supporting the other? Did they merge their finances, such as through joint bank accounts?
• Ownership, Use, and Acquisition of Property: Did they purchase property together? Were both names on a mortgage or rental agreement? Did they share significant assets or make major purchases jointly?
• Care and Support of Children: Did the couple provide emotional or financial support for each other's children? Did either partner take on a parental or step-parental role?
• Public and Social Recognition of the Relationship: Did they introduce each other to friends and family as a couple? Were they generally recognised as a couple by their social circle and family members?

Since March 2009, Australian law treats de facto couples (including same-sex couples) equally to married couples. This means that property, financial matters, and children's issues are determined upon the breakdown of the relationship. At Kells, we can advise you on your rights and options in this regard.

Yes, there is. The time limit is generally two years from the breakdown of the de facto relationship. However, the Family Court may still accept an application made outside this period if it believes that the applicant or a child of the relationship would experience hardship if the application were denied.

If you are separating, you must seek legal advice to protect your rights and best interests throughout the process. Book an appointment with one of the de facto lawyers at Kells in Sydney to discuss your rights and entitlements, particularly regarding property and children’s issues. Our team has extensive experience working with all types of couples, including both same-sex and opposite-sex relationships.

In Australia, a relationship is typically considered de facto after it has lasted for at least two years. However, exceptions apply, such as when there are children involved or significant financial contributions have been made by either party. Courts will also take into account whether the relationship is publicly recognised — for example, if family, friends, or others view you as a couple. Additionally, registering your relationship with the state or territory can help to formalise your de facto status, providing a clear legal record.

The key difference between a de facto relationship and marriage is in how the relationship is proven. Married couples simply need their marriage certificate to confirm their legal status, while de facto couples must demonstrate the legitimacy of their relationship. This typically involves showing evidence of shared living arrangements, finances, and public recognition.

Despite the difference in how the relationship is established, the legal rights afforded to married couples — including property division, child support, and spousal maintenance — also apply to de facto partners, including same-sex couples. As long as the criteria under the Family Law Act 1975 are met, same-sex couples have the option of marriage or remaining in a de facto relationship, with both offering the same rights and responsibilities in the event of separation.

Under Australian law, de facto relationships are recognised by the Family Court, and as a de facto partner, you are entitled to many of the same rights as those in a marriage. If your partner passes away without a will, you may have a right to claim a share of their estate. In the event of separation, you could be entitled to a fair division of property, spousal maintenance, or financial support, especially if you are caring for a child of the relationship. Additionally, if your partner dies due to a workplace accident, you may be eligible for workers' compensation. The Family Law Act ensures that de facto partners are treated fairly when it comes to asset division, support, and responsibilities, regardless of their marital status.

To prove a de facto relationship, you must demonstrate several key factors, such as living together for a minimum of two years. Evidence can include shared living arrangements (e.g., a lease or mortgage in both names), joint bank accounts, and proof of mutual financial responsibilities. Social recognition of your relationship can also be crucial, which might include joint invitations, photographs, or witness statements from family and friends who can confirm your partnership. Registering your relationship with the relevant state or territory authority can also provide formal recognition and make the process easier. Ultimately, the aim is to show that your relationship meets the criteria of a genuine domestic partnership under the Family Law Act.

When going through a de facto separation, choosing the right legal representation is key to achieving a fair, efficient resolution — minimising stress and avoiding unnecessary delays along the way.

At Kells, we combine expert legal knowledge with a personalised approach to deliver exceptional service that’s both approachable and affordable. Our experienced family law team specialises in de facto relationships. We understand that every situation is unique, so we customise our advice to meet your specific needs and goals. Your interests are our priority, and we are dedicated to achieving the best possible outcome for you.

With an office conveniently located in Sydney, Kells offers the expertise of a large firm, paired with the personal attention you deserve. From the initial consultation to the final resolution, we stand by your side, guiding you through property settlements, child custody, and financial support matters. Let Kells provide you with the support and legal counsel you need to move forward with confidence.