In order to be recognised under the law as a same sex de facto relationship:

You have to be living together as a couple on a genuine domestic basis.


The  Family Law Act 1975 (Cth) 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; and

- Generally you need to be in a de facto relationship for two years (except in some limited circumstances) before the law will apply.



 Galbally & O'Bryan's team of Family Law experts can assist you.

Partner Andrew O’Bryan and Senior Associate Elizabeth Gray are expert Family Law lawyers.


Andrew O’Bryan


Elizabeth Gray



Andrew and Elizabeth will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.


How to contact our Office


Melbourne Office
259 William Street 

T (03) 9200 2533 


Dandenong Office 
Shop 9/147-151 Foster Street 

T (03) 9769 2510 


Pakenham Office 
Shop 1, 15 John Street 

T (03) 5941 7990 


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. Contact us for more information.