De facto couples have very similar rights to married couples in Australia, with many of the same rules applying for separations and divorces.

The Family Law Act states that a couple in a de facto relationship means the pair are not related to each other, are not married to each other, and have a domestic relationship as a couple. This status exists no matter the gender or sexual orientation of the couple, even if one of the couple is legally married to someone else or in another de facto relationship.

The financial responsibilities remain the same as married couples, including disputes over children and property.

     Important features of a de facto relationship in courts

• Length of the relationship
• The nature and extent of the living situation/homes
• If a sexual relationship exists
• Who owns property
• Financial involvement
• Mutual commitment to a shared life
• If the relationship can be registered under state law
• Care of children
• The reputation and public understanding of your relationship

     Property and maintenance payments
The Family Law Act applies to de facto partners looking to apply for property adjustments and possibly also maintenance payments. Certain conditions must be met, including the relationship being ongoing for at least two years. Or, there may be a child that belongs to both people in the couple, or that one or both parties has made significant contributions and it would be very unjust if the Act did not apply. A registered relationship also counts even if the couple has been together for less than two years.

These claims must be made within two years of the relationship ending. After this, property settlements may be made with the consent of both parties or with the court’s permission.

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