What is a de facto relationship?

To be in a de facto relationship:

• You must be a couple living together on a genuine domestic basis;
• You can be of the same or different gender;
• You must not be legally married to each other;
• You must not be related.

Factors considered by the Court in determining the existence of a de facto relationship include:

• (a) The duration of the relationship;
• (b) The nature and extent of a common residence;
• (c) Whether a sexual relationship exists;
• (d) The degree of financial dependence or interdependence, and any arrangements for financial support between the parties;
• (e) The ownership, use and acquisition of property;
• (f) The degree of mutual commitment to a shared life;
• (g) Whether the relationship is or was registered under State or Territory law as a prescribed kind of relationship;
• (h) The care and support of the children;
• (i) The reputation and public aspects of the relationship.

A de facto relationship can exist even if:

• The parties live in separate cities;
• The relationship is not exclusive;
• They do not live together full time;
• There is no sexual relationship.

By contrast, a de facto relationship may not exist even if the parties have a child together. Each case is decided on its facts. Some facts may indicate a de facto relationship existed and others may indicate that it did not. There may also be contradictory indications that the de facto relationship started or ended at a particular time.