Skip to main content

Same Sex De Facto Relationships - What constitutes a same sex de facto relationship?

  • You have to be living together as a couple on a genuine domestic basis.
  • The Family Law Act lists circumstances to consider when working out whether people are in a relationship as a couple. You do not have to meet all of these to be in a same sex de facto relationship:
    • How long you have been together;
    • Whether you lived in the same house together;
    • The circumstances of your living together;
    • Whether or not you have a sexual relationship;
    • Your financial relationship with each other;
    • Your ownership and use of property and how it was bought;
    • Your commitment to a shared life together;
    • Whether you are on a relationship register;
    • Whether you care for and support children;
    • Whether you are known in the community as being in a relationship;
    • You can be in more than one de facto relationship at a time. Someone can also be married and in a de facto relationship at the same time;
    • Generally you need to be in a de facto relationship for two years (except in some limited circumstances) before the law will apply.

The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner.