A de facto relationship is a relationship between two people who live together as a couple but are not married or in a civil union. In Australia, the phrase "de facto" has become a colloquial term for ones domestic partner, and it is legally recognized as a committed relationship of a couple living together, whether they are of the same or opposite sex. De facto relationships provide couples with many of the same rights and benefits as married couples, including rights in family law matters related to property, financial settlements, maintenance, and arrangements for children of the relationship.
The definition of a de facto relationship is outlined in the Family Law Act, which requires that two people have a relationship as a couple living together on a genuine domestic basis. However, the relationship is not considered de facto if the couple is legally married to one another or if they are related by family. There are specific criteria and factors that are used to assess whether a claim for property settlement or maintenance can be made in respect of the de facto relationship.
Since 1 March 2009, parties to an eligible de facto relationship which has broken down can apply to the Court to have financial matters determined in the same way as married couples. However, they must apply for de facto financial orders within two years of the breakdown of the relationship and satisfy the Court of certain criteria, including the genuineness of the de facto relationship and meeting one of the four gateway criteria.
In summary, a de facto relationship is a legally recognized committed relationship of a couple living together, providing similar rights and benefits as married couples, and is subject to specific criteria and factors when it comes to family law matters and financial disputes.
