De-Facto Relationship – 101
During the exciting early stages of a new relationship, no one stops to think about the legal status of their relationship. However, in some circumstances, it can be in your interests to consider whether you and your partner are in a de facto relationship and if you need to take any steps to proactively protect yourself in case you separate in the future.
What factors may be considered to classify it as a de-facto relationship?
It is possible for your assets to be at risk if your relationship breaks down, even if you never married, where you are in a de facto relationship. Whether you are in a de facto relationship will differ on a case-by-case basis, but it is possible to be in a de-facto relationship where:
You lived together for more than 2 years as a couple;
You did not live together but have a child together;
You lived together as a couple for less than 2 years, but registered your relationship with the Registry of Births, Deaths & Marriages.
It is important to note that this only relates to people who are found to live together in a de-facto relationship and it can include same-sex relationships. It does not include relatives living together, or housemates.
Does the length of the relationship impact if is de-facto?
The starting point is usually the length of your relationship and the law is very clear that if you live together for more than 2 years as a couple, then you are in a de-facto relationship. You should also consider the nature of your relationship, and these can include things such as:
Do you share a bedroom, or are you sexually intimate?
Do you share a bank account, or otherwise mingle your finances, such as paying bills and other expenses together or for the other person? Are you registered as joint owners of assets or liabilities?
Do you share household jobs, or take care of each other, such as cooking or doing laundry for each other? Do you care for each other if you’re unwell?
Do you present to your family, friends, government departments and the world at large as a couple? For example, have you declared yourselves as de facto to Centrelink?
Author: Sarah Pullan, Independent Children’s Lawyer, Lawyer
