De Facto Relationships

Under Australian law, parties to a de facto relationship are afforded the same recognition as married couples when it comes to dealing with the breakdown of the relationship. Once it is established that the requirements of a de facto relationship have been met, the parties are able to rely on provisions in the Family Law Act in the same way that married couples do when a relationship has broken down.The general principles that govern the break down of marriages are extended to de facto couples. Same sex relationships that meet the same criteria as relationships that are considered de facto relationships fall under the same laws that deal with de facto couples.

Marriages are easily recognisable, due to a legal marriage requiring registration. Other couples that wish to be provided for by the family law usually need to establish first that they meet the requisite criteria. 

It is important that parties to a long term or committed relationship give consideration to the laws that govern de facto relationships. Despite the law being there to give proper recognition to the rights and needs of parties to a long term relationship, just as it is for married couples, some people are not aware of this when committing to a long term relationship. Some may form the intention to remain in a de facto relationship as they believe that they are not “bound” by the same laws that govern marriages.

Our Sydney Family Lawyers are experienced in all aspects of family law and possess the necessary expertise in advising and representing parties to any form of domestic relationship, whether it be de facto couples or couples of the same sex.