De Facto Separation: Know Your Rights

What is a De Facto Relationship?

A de facto relationship exists when two people:

Are not married

Are not related by family

Have a relationship as a couple living together on a genuine domestic basis

Proving a De Facto Relationship

Courts consider:

Duration of relationship

Common residence

Sexual relationship

Financial dependence/interdependence

Ownership of property

Care of children

Public presentation as a couple

No single factor is essential. It's the overall picture that matters.

Threshold Requirements

To access the family law system for property matters, you generally need:

2 years cohabitation, OR

A child of the relationship, OR

Significant contributions and serious injustice would result

Property Rights

De facto couples have essentially the same property rights as married couples under the Family Law Act.

The Process

Same four-step process:

1. Identify the asset pool 2. Assess contributions 3. Consider future needs 4. Determine just and equitable outcome

Time Limit

2 years from separation to file for property settlement (vs 12 months for divorced couples).

Parenting Rights

Parenting matters are treated exactly the same regardless of whether parents were married, de facto, or never in a relationship.

Key Differences from Marriage

No Automatic Divorce

There's no formal process to end a de facto relationship. Separation ends it.

Proving the Relationship

May need to prove the relationship existed (unlike marriage certificate).

Jurisdiction Issues

Some states have opted out. Check which court you need to apply to.

Same-Sex De Facto Couples

Same-sex de facto couples have exactly the same rights as opposite-sex couples.

What to Do at Separation

- Document your separation date

Keep evidence of the relationship

Be aware of the 2-year time limit for property

Seek legal advice about your entitlements

Consider FDR for parenting matters