De Facto Relationships

What is a de facto relationship?

In the past, what constitutes a de facto relationship, and the legal implications which arise as a result of being involved in a de facto relationship, have been widely defined and have varied from state to state within Australia. However, most definitions include that a de facto relationship is arelationship between:

two adults (over the age of 18 years);
who are not legally married to each other; and
are not related by family; and
having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

How have recent changes to the Family Law Act affect de facto relationships?

Recent changes to the law which are due to take full effect in March 2009, mean that past inconsistences in the law have largely been recitified. Under the new law, certain persons leaving an unsuccessful de facto relationship can persue property settlements in much the same way as married couples who have separated, relying on the same law and using the same court systems (excluding Western Australia and South Australia). In most states and territories, this includes same sex de facto couples.