A person is in a “de facto relationship” if they are not married or related to each other, and having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

Does a De Facto Relationship require cohabitation?

There have never been any cases where the Federal Circuit and Family Court of Australia (the “Court”) has ruled that a de facto relationship exists where the couple has never lived together. However, the Court has indicated that the concept of living together is not necessarily based on the proportion of time a couple spends living in the same property.

Factors considered when defining De Facto Relationships in Australia

In practice, the Court decides if a de facto relationship exists based on a number of factors, including:

• The length of a relationship
• Whether a sexual relationship existed
• The nature and extent of the couple’s common residence
• The degree of financial dependence or interdependence between the couple
• The degree of mutual commitment to a shared life
• The ownership, use and acquisition of property
• The care and support of children
• The reputation and public aspects of the relationship
• Whether the relationship is or was registered e.g. under Relationships Act (Tas & Vic), Civil Partnerships Act (ACT & QLD) and Relationships Register Act (NSW and SA).

Property Claim Limitation Period and De Faco Relationships

If you were in a de facto relationship and have separated from your partner, you have a two-year time limit from the date your relationship breakdown to make a property claim against them.

There are situations when this may be extended and you should seek professional legal advice to find out whether this may apply in your circumstances.

Legal Advice

If you need legal advice following a relationship breakdown, whether it is a marriage or de facto relationship, please do not hesitate to contact Etheringtons Solicitors in North Sydney on 9963 9800 or via our contact form. Our highly experienced family lawyers are here to help.