A Romantic Relationship Or De Facto Relationship? Is There A Difference?

Not all unmarried relationships are de facto relationships. Unless officially registered, it can be unclear when a relationship transitions from simply "dating" or "casual" to a de facto relationship.

Before parties who are not married can make a property settlement claim under the Family Law Act 1975 (the Act) after separation, it is essential that the relationship falls within the meaning of a de facto relationship within the definition provided by the Act.

The question of whether a relationship was a de facto relationship was the subject of appeal in the recent case of Denys & Kellett [2022] FedCFamC1A 223. In this case, the applicant claimed the parties were in a de facto relationship after living together for five of the seven years of their relationship and being romantically involved. The respondent, who sought to exclude the applicant's claim against his substantial assets, argued the relationship never amounted to more than "friends with benefits" between