When you're in the early stages of a relationship, legal matters are probably the last thing on your mind. But if you're moving in together, sharing expenses, or building a life as a couple, it’s important to know whether your relationship is legally recognized as de facto.Many people don’t realize they’re in a de facto relationship until they separate or something unexpected happens—like a dispute over property or a claim on an estate. Understanding your legal standing early can help you protect your future.As top family lawyers in Melbourne, we regularly assist clients in navigating family law, estate and probate law, and relationship matters. If you’re wondering whether your relationship qualifies as de facto, here’s what you need to know.
What Is a De Facto Relationship in Australia?
Under the Family Law Act 1975, a de facto relationship exists when two people (regardless of gender) are in a genuine domestic relationship but aren’t legally married.Unlike marriage, there’s no official paperwork required to formalize a de facto relationship—but that doesn’t mean it lacks legal implications. The law considers several factors when determining whether a couple qualifies as de facto.
How Do You Know If You're in a De Facto Relationship?
Courts assess relationships on a case-by-case basis. You may be in a de facto relationship if:
You’ve been together for at least two years (unless there are children or significant financial ties)
You live together, or spend a significant amount of time living together
You share finances, such as a joint bank account or shared expenses
You own property or assets together
You’re recognised as a couple by family, friends, and the community
One partner financially supports the other
You have children together
You don’t have to meet all these criteria to be considered de facto, but the more factors that apply, the more likely your relationship is legally recognized.
Why Does It Matter If You're in a De Facto Relationship?
Being in a de facto relationship affects your legal rights and responsibilities in many ways, particularly in property disputes, estate planning, and financial entitlements.
1. Property and Financial SettlementsDe facto couples have the same rights as married couples when it comes to dividing assets after separation. This includes property, savings, superannuation, and debts. If one partner claims a financial interest in shared assets, the Family Court may step in to determine a fair division.
2. Spousal MaintenanceIf one partner was financially dependent on the other, they may be entitled to spousal maintenance (ongoing financial support) after separation.
3. Estate and Probate Law ImplicationsIf your de facto partner passes away without a will, you may have the right to inherit their estate under Victorian intestacy laws. However, without a legal will in place, disputes can arise, particularly with other family members.
4. Superannuation and Death BenefitsAs a de facto partner, you may have a right to claim superannuation death benefits and other entitlements. However, these claims are not automatic, so legal advice is essential to ensure your rights are protected.
How to Protect Yourself in a De Facto Relationship
If you think you may be in a de facto relationship, it’s important to take proactive steps to protect your rights:
Consider a Binding Financial Agreement (BFA) – A BFA (similar to a prenup) sets out how assets will be divided if the relationship ends, avoiding legal battles.
Keep clear financial records – If you share finances or assets, having documentation can prevent disputes later.
Seek legal advice early – Consulting with family lawyers near you can help clarify your legal standing and safeguard your future.
Update your will and estate plans – If you want your partner to inherit your assets, ensure your will is legally binding.
Speak to Melbourne’s Leading Family Lawyers Today
If you’re unsure whether your relationship qualifies as de facto, or you need guidance on property, financial settlements, or estate planning, our team of top family lawyers in Melbourne is here to help.Understanding your rights now can prevent legal complications in the future. Contact us today for expert legal advice tailored to your situation.
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