What is a De-Facto Relationship?

There seems to be some common misunderstandings around what is the legal definition of a de-facto relationship.

First of all there is no such thing as a common law husband or wife – you are either married or not.

If you are not married to each other and you are not related by family, and you are living together on a genuine domestic basis, then you are in this relationship. You can be married to someone else at the same time, and a de-facto relationship can exist between people of the same sex.

In order to be able to make an Application to the Court for Property Settlement from a de-facto relationship under the Family Law Act the de-facto relationship must either:

• have been registered under a State or Territory Law;
• have lasted for a least 2 years;
• have produced a child; or
• one party must have made substantial contributions and the Court must be satisfied a serious injustice would result if an Order is not made.

If you are within these definitions then the Court has virtually the same power to make Property Settlement Orders as if you were married.

For Orders in relation to children, these requirements do not apply.

Please click QLD registered relationships for more information.

Aylward Game Solicitors

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