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ARTICLE · 17 SEPTEMBER 2019

Am I in a de facto relationship?

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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Article sets out factors that are considered by the courts in determining whether or not a de facto relationship exists.

AustraliaFamily and Matrimonial

We get asked this question a lot. There appears to be a lot of uncertainty about when a relationship becomes a de facto relationship. This isn't surprising given that different agencies, such as Centrelink or the Department of Immigration, apply different rules.

Two people (whether of the same or opposite sex) are in a de facto relationship for the purposes of the Family Law Act if: they are not married to each other; are not related by family; but are living together as a couple on a genuine domestic basis.

While that definition might seem clear, in reality, though, the definition can still require the court to make a determination about whether or not a de facto relationship exists.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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