It's a common misconception in Australia that people living
in a de facto relationship have the same legal rights and
considerations as those in a marriage.
Unfortunately, many couples discover that the rights of a de
facto relationship differ from those of a marriage only when they
separate and need to divide property, enter a custody dispute, or
when one person in the relationship dies. They also often learn at
this time that a de facto relationship must meet certain criteria
to be deemed genuine.
How is a de facto relationship determined?
Contrary to popular opinion, a couple living together for two
years cannot automatically categorise the relationship as de facto.
There is, in fact, a long list of determinants that are used to
establish whether a de facto relationship is genuine.
