Proving a De Facto Relationship

Why Proof Matters

To access family law property rights as a de facto couple, you need to prove: 1. The relationship existed 2. It meets the threshold requirements

What Courts Consider

The Family Law Act lists factors to determine whether a de facto relationship exists:

Duration

How long did you live together? Generally need 2+ years, OR a child together, OR significant contributions.

Common Residence

Did you live at the same address?

Sexual Relationship

Were you in an intimate relationship?

Financial Dependence/Interdependence

Did you share finances, support each other, have joint accounts?

Ownership of Property

Did you own property together?

Care and Support of Children

Did you have or care for children together?

Public Recognition

Were you known as a couple? Did you attend events together?

Commitment to Shared Life

Was there evidence of shared future plans?

Evidence to Gather

Documents

- Joint lease or mortgage

Joint bank accounts

Shared utility bills

Joint insurance policies

Beneficiary nominations

Wills naming each other

Official Records

- Medicare records showing same address

Electoral roll showing same address

Centrelink records

Tax returns (same address, dependant claims)

Communication

- Photos together over time

Messages/emails showing relationship

Social media showing couple status

Third Party

- Statutory declarations from friends/family

Evidence from employers, landlords

If Your Ex Disputes the Relationship

Common Disputes

- "We weren't really de facto"

"We separated earlier than you claim"

"It wasn't a genuine domestic relationship"

Building Your Case

- Gather extensive evidence

Get witness statements

Construct a timeline

Address any gaps in evidence

Same-Sex Relationships

Same-sex de facto relationships are recognised equally. The same evidence requirements apply.

Short Relationships

If together less than 2 years, you can still access property rights if:

You have a child together, OR

You made significant contributions AND injustice would result if no order made

Tips

Keep Records

From the start of any relationship, keep evidence of cohabitation and shared life.

Document Separation

When you separate, note the date and circumstances clearly.

Get Advice Early

If your de facto status might be disputed, get legal advice before proceeding.