What is a De Facto Relationship?
In Australia, a de facto relationship is when two people, regardless of gender, live together as a couple on a genuine domestic basis.
Understanding the Six-Month Rule
While there is no strict legal rule that defines the exact duration required to be considered a de facto relationship, the six-month period is often referenced. This indicates that after six months of living together, couples may start to be viewed as being in a de facto relationship, which can have implications for legal rights and obligations, including property settlements and spousal maintenance.
In some cases, shorter periods may also be recognised as de facto if the relationship demonstrates certain characteristics such as a shared household, financial interdependence, and a mutual commitment to a shared life.
The six-month period can be a guideline for when certain legal rights, such as those involving Centrelink benefits or family law matters, begin to apply.
Key Takeaway: The six-month timeframe is a common reference point for recognising de facto relationships, but it is not the sole determining factor. Other elements of the relationship are also considered.
Legal Implications of a De Facto Relationship: 4 Key Points
Rights and Responsibilities Similar to Marriage: Once a de facto relationship is recognised, both parties may acquire rights and responsibilities that are similar to those of a married couple.
These rights and responsibilities can impact various aspects of their lives, such as access to financial support, property ownership, and decisions about shared assets. The law recognises the relationship’s seriousness and seeks to protect both parties’ interests.
Claims on Property and Superannuation: In a de facto relationship, both partners may have the right to claim a share of property and superannuation if the relationship ends. This can include any assets acquired during the relationship, regardless of whose name is on the title.
To do this fairly, the law recognises the contributions of both parties, financial or otherwise, and allows for claims to be made during a separation. This ensures that both individuals receive a fair distribution of assets.
Financial Support After Separation: If a de facto relationship ends, one partner may be entitled to financial support from the other, similar to spousal maintenance in a marriage. This will apply particularly if there is a significant disparity in income, or if one partner has been financially dependent on the other.
The court can order financial support to ensure that the dependent partner can maintain a reasonable standard of living after the relationship ends.
Impact of Relationship Duration: The duration of the de facto relationship plays a significant role in the strength of claims on assets and financial support.
The longer the relationship, the stronger the case for these claims. However, even relationships lasting six months can lead to significant legal consequences, especially if the relationship was serious and involved shared responsibilities.
The law acknowledges the importance of these relationships and provides avenues for fair settlements.
Key Takeaway: Entering into a de facto relationship can trigger certain legal rights and obligations, particularly concerning property division and financial support if the relationship ends.
Proving a De Facto Relationship
To prove a de facto relationship, evidence of cohabitation, shared finances, joint ownership of property, and a public acknowledgment of the relationship is typically required. Simply reaching the six-month mark does not automatically confer de facto status without supporting evidence of these factors.
The court will consider various aspects of the relationship, including the duration, nature of the household, and the degree of mutual commitment.
Key Takeaway: Establishing a de facto relationship involves demonstrating various factors beyond just living together for six months; evidence of a shared life is important in proving the relationship.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
