de facto relationships

Relationships deemed to be de facto have the same rights as couples in a marriage.

To determine whether a couple is de facto, the Court considers whether the parties are in a genuine domestic relationship. Additionally, to be in a de facto relationship, the parties must not be married or relation, and it is irrelevant whether the parties are of the same sexual orientation or if one of the parties is already married or an another de facto relationship.

is my relationship a de facto relationship?

In determining whether the parties to a relationship can be considered de facto, the Court must establish that the parties were in a genuine domestic relationship. Considerations may include the following:

  • duration of relationship;

  • common residence;

  • existence of a sexual relationship;

  • financial dependence/interdependence;

  • financial support;

  • property ownership (i.e., real property);

  • mutual commitment to a shared life;

  • exclusivity in relationship;

  • care and support of children; and

  • public perception and reputation (i.e., what has been expressed publicly).

am I entitled to a property settlement?

If a party is deemed to be de facto, each party to the relationship has a right to seek a property adjustment and/or spousal maintenance if:

  • either:

    • the de facto relationship exists for at least 2 years;

    • the parties have a child together;

    • there was substantial contributions to a joint asset, meaning it would be unjust not to make an adjustment; or

    • the relationship is or was registered.

  • the relationship has ended; and

  • the time limit has not expired.

Once the above conditions are satisfied, the Court will consider entitlements.

Click here for more information regarding financial and property arrangements:

Click here for more information regarding time limitations: