Parties to a relationship may have differing views as to what stage their relationship is at and the level of commitment each party has towards their relationship. One party may be content to be involved in the relationship, but not wish to commit to the extent that the relationship is granted marital status.
Under the law a declaration of whether parties are in a de facto relationship is not dependent upon the intention of the parties, but rather the circumstances of, and surrounding, the relationship.
What does the law say?
The Family Law Act 1975 considers the following factors in assessing whether or not a de facto relationship exists:
- The duration of the relationship;
- The nature and extent of common residence;
- Whether a sexual relationship exists;
- The degree of financial dependence or interdependence, and any arrangement of financial support;
- The ownership, use and acquisition of the parties’ property;
- The degree of mutual commitment to a shared life;
- Whether the relationship is or was registered under a prescribed law of a State or Territory;
- The care and support of children;
- The reputation and public aspects of the relationship;
Once a de facto relationship is established am I entitled to property or maintenance?
A family law lawyer will advise that it is important to understand that the Federal Circuit and Family Court will not automatically hear a property and/or maintenance application. This is despite that fact that parties may satisfy the above definition of a de facto relationship.
There a number of factors the Court will seek satisfaction of before making an order. Some examples include the following:
- The de facto relationship existed for at least 2 years; or
- There is a child of the de facto relationship; or
- That the applicant has made substantial contributions; and
- The failure to make the order or declaration sought would result in serious injustice to the applicant; or
- The de facto relationship was registered under a prescribed law of a State or Territory.
