Understanding how the law recognises a de facto relationship is key for anyone going through a separation or property settlement. In Australia, a de facto relationship is defined as two people (regardless of gender) living together on a genuine domestic basis. Factors such as a shared life, mutual commitment, financial support, joint bank accounts or shared household responsibilities can indicate the presence of a de facto relationship.
While many assume legal rights automatically apply after six months of living together, the truth is more complex. Australian family law considers many factors, not just time, when determining whether a de facto relationship exists.
Common Myths & Misconceptions Surrounding Australian De Facto Relationships
One of the most common myths is that a de facto relationship becomes legally recognised after six months. In reality, there is no fixed six-month rule under the family law system. The law considers all circumstances, such as financial interdependence, domestic arrangements, and emotional commitment.
Another misconception is that you must live together for at least two years before rights apply. While two years is a standard threshold for some claims, exceptions exist, for example, if the couple has a child, has made substantial contributions, or is in a registered relationship.
A further myth is that when a de facto relationship ends, assets are simply divided in half. In fact, property settlement depends on many factors, including financial and non-financial contributions, future needs and any significant disparity in financial position.
How The Family Law Act Recognises De Facto Relationships
Courts examine whether the couple lived together on a genuine domestic basis, considering:
- The nature of their shared life and mutual commitment
- Financial arrangements, such as joint bank accounts or shared expenses
- Domestic responsibilities and whether they presented publicly as a couple
- The existence of a sexual relationship and emotional support
- The care and support of any child of the relationship
These factors help the court decide if a couple was in a de facto relationship with the potential for legal rights to arise.
The Role Of A De Facto Partner
A de facto partner may have legal entitlements similar to those of a legally married spouse, particularly around property settlement and spousal maintenance. Contributions can include financial input, homemaking, caring for children, or helping build a family business. Even indirect financial contributions may affect how assets are divided.
When a de facto relationship ends, it’s crucial that both partners understand their rights and seek advice, especially if there is a significant disparity in financial resources or future earning capacity.
Seeking Legal Advice After a De Facto Relationship Ends
If you’re separating from a de facto partner, it’s essential to seek legal advice early. A qualified Family Lawyer can explain your rights, discuss options for financial separation, and help you understand how the law applies to your situation. This may include consent orders or a binding financial agreement. Getting advice upfront can also assist in reaching a fair settlement without unnecessary disputes or delays.
Understanding Time Limits for De Facto Claims
Under Australian family law, you generally have two years from the date the de facto relationship ends to make a claim for property settlement or spousal maintenance. If you miss this time limit, you may need court permission to proceed, which isn’t always granted. In Western Australia, de facto matters fall under state laws, though similar rules about time limits and property division apply. Early advice can help you protect your rights and avoid missing important deadlines.
What If You’ve Only Been Together Six Months?
If your relationship has lasted only six months, it’s unlikely that an application for property settlement will be successful in the Federal Circuit and Family Court of Australia, unless there are special factors, such as caring for a child, entering a registered relationship, or making substantial contributions. However, rights may still arise in certain situations, and it’s always worth seeking advice to understand your position.
Final Thoughts
Whether your de facto relationship lasted six months, two years, or longer, your rights depend on all the circumstances, not just time. If you’re unsure about where you stand or what steps to take after a relationship ends, it’s essential to seek legal advice to protect your interests and understand your options under Australian family law. If you need assistance with separation, get in touch with our De Facto Lawyers for advice specific to your situation.