When Does A Relationship Become a De Facto Relationship?

There is no set time period that a couple needs to be living together before they can be considered to be living in a de facto relationship. However, the Family Law Act 1975  generally does not apply to de facto relationships unless the couple has been living together for at least two years OR there is at least one child of the relationship.

De facto relationships come in all shapes and sizes. There is no checklist of factors to prove that a couple is living in a de facto relationship. However, the matters that are considered when assessing whether two people are in a de facto relationship include:

• whether they are living together;
• how long they have been living together;
• whether they have a sexual relationship;
• whether they share joint bank accounts;
• whether they own property together;
• whether they share weekly living costs like electricity or telephone bills;
• whether their family and friends know them as a couple;
• whether they have any children together.

A person can only ask a court to make an order about financial matters after the breakdown of a relationship if the relationship was a marriage or a de facto relationship. Financial matters include property settlements, spousal maintenance matters and superannuation splits.

There are strict requirements that must be met before the Federal Circuit and Family Court can consider making financial orders following the breakdown of a de facto relationship. The court may only make such orders if all of the following criteria is satisfied:

1. Existence of a De facto Relationship

• The parties were in a de facto relationship; 
• That relationship has ended; and
• The relationship broke down after 1 March 2009.

2. Minimum Relationship Threshold

One of the following must apply:

• The relationship lasted for at least two years; or
• If the relationship was less than two years:
  • one party made substantial contributions to the property, financial resources, or the welfare of the family; and
  • a failure to make an order would result in serious injustice to that party; or
• There is a child of the relationship; or
• The relationship is registered under a prescribed State or Territory law.

3. Geographical Requirement

The court must be satisfied that the de facto relationship has a connection to a participating State or Territory. This requirement is met if:

• Either or both parties were ordinarily residents in a participating jurisdiction at the time of separation; or
• Either or both of the parties were ordinarily residents in a participating jurisdiction when the application was made.

4. Additional Connection Requirement

In addition, one of the following must apply:

• The parties lived in a participating jurisdiction for at least one-third of their de facto relationship; or
• The applicant made substantial contributions in relation to the de facto relationship in a participating jurisdiction.

5. Time Limit

An application for financial orders must generally be made within two years of the date of separation of the de facto partners.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.