DE FACTO LAWYERS WOLLONGONG

A de facto relationship exists when two individuals live together as a couple on a genuine domestic basis without being legally married. The court considers a variety of factors to determine whether a relationship qualifies as de facto. This could include the duration of the relationship, shared financial responsibilities, living arrangements, and how others perceive the relationship. Unlike married couples, de facto partners must provide evidence of these factors if they need legal intervention, as the process is not as straightforward as proving a marriage.

The following criteria is used by the Court to consider whether you are in a de facto relationship with another person:

• The persons are over the age of 18 and not legally married to each other
• The persons are not related by family
• Having regard to all of the circumstances of the relationship they are a couple living together on a genuine domestic basis.

The Court may also take the following factors into consideration:

• Duration of the Relationship: How long were they together? Were there any significant breaks in the relationship where they dated other people?
• Whether a Sexual Relationship Exists: Did a sexual relationship exist between the two parties? Were they regularly intimate? Did they maintain separate bedrooms? If so, why?
• The Degree of Financial Dependence: Was one partner responsible for all household expenses, or were costs shared? Did one support the other financially? Did they have joint bank accounts or merge their finances in any way?
• Ownership, Use, and Acquisition of Property: Did they buy property together? Were both names on a mortgage or rental agreement? Did they share significant assets?
• Care and Support of Children: Did they provide financial or emotional support for each other’s children? Did they take on a parental or step-parental role in the children’s lives?
• Public and Social Recognition of the Relationship: Did they introduce each other to family and friends? Were they viewed as a couple by their social circles and family members?

The law in Australia since March 2009 provides equality between de facto couples (including same-sex couples) and married couples. The law provides for property and financial issues and children’s issues to be determined upon the breakdown of the relationship and Kells can advise you of your options in this regard.

Yes. The time limit is two years after the breakdown of the de facto relationship. However, the Family Court may still consider an application made outside of the two-year period if it’s believed that the applicant or a child of the relationship would suffer hardship if the application was refused.

Come and see one of the specialist family lawyers at Kells to obtain advice about your separation, including your rights and entitlements in relation to property and children’s issues. Our de facto lawyers work with all types of couples, whether of the same or opposite sex.

For a relationship to be considered de facto under Australian law, it typically needs to have lasted for at least two years. However, there are exceptions, such as if you share a child or have made significant financial contributions together. Courts also consider public recognition of the relationship. If friends, family, or others regarded you as a couple, their statements could support your claim. Additionally, registering your relationship in a state or territory further solidifies its de facto status, offering a clear legal record.

The main distinction between a de facto relationship and marriage lies in the legal proof. Married couples only need their marriage certificate to establish their relationship. In contrast, de facto couples must prove the legitimacy of their partnership, often through documentation of shared living arrangements, finances, and social recognition. The same legal rights that apply to married couples — such as property division and child support — also extend to de facto partners, including same-sex couples, as long as they meet the criteria outlined in the Family Law Act 1975. Same-sex couples can choose between marriage or remaining in a de facto relationship, each offering the same rights and responsibilities in the event of separation.

The Family Court now recognises couples that are in a de facto relationship. As a de facto partner, you are entitled to similar rights as those in a marriage. If your partner dies without a will, you may have a claim on their estate. In the case of separation, you could be entitled to property division, spousal maintenance, or financial support if you care for a child of the relationship. Additionally, if your partner passed away due to a workplace incident, you may be eligible for workers' compensation. The Family Law Act ensures that your assets and responsibilities are handled fairly, regardless of your marital status.

Providing whether a de facto relationship existed requires demonstrating a variety of factors, such as living together for at least two years. Proof can come in the form of shared residential agreements, joint bank accounts, or evidence of shared financial responsibilities. You may also need to provide evidence of social recognition of your relationship, such as joint invitations or witness statements from friends and family. Registering your relationship can simplify the process, giving you an official document to prove your status. Ultimately, the goal is to show that your relationship meets the legal standards of a genuine domestic partnership under the Family Law Act.

During a de facto separation, choosing the right legal team can make all the difference between a smooth, fair resolution and a lengthy, stressful process.

At Kells, we strive to offer the highest level of service while remaining affordable and approachable. Our experienced family law team is highly skilled in handling the intricacies of a de facto relationship, which means that your rights are fully protected throughout the process. We take a personalised approach, with an understanding that every relationship and separation is different. To us, nothing is more important than upholding your rights and protecting your best interests.

With offices in Wollongong and across the Illawarra, we offer local expertise with the resources of a large firm. We stand by your side from start to finish and walk you through each step of the legal process. Whether your de facto matter involves property division, child custody, or financial support, Kells has the knowledge, compassion, and resources to help you move forward with confidence.