De facto Relationships

De facto Relationships

When it comes to defining a de facto relationship NSW law follows the definition and principles set out in Federal legislation. For the purposes of the Family Law, the meaning of de facto relationship is a close personal relationship between two adults, who are living together, one or each of whom gives domestic support and personal care to the other and of course, that are not legally married. Clearly, the family law definition affords and attaches the same rights and obligations to same sex couples, who fall under the same provisions as de facto relationships do under the Family Law Act.

After separation, a member of a de facto relationship has the same rights and obligations as a party to a marriage that has broken down, in relation to parenting issues and the division of property. For that reason, once it is established that the person was a party to a de facto relationship, the person can apply to the Family Law Courts for Orders that bind the other party. Of course, in relation to parenting orders/child custody, it is not necessary that a relationship between the parents existed. All children are afforded the protection of the Family Law. 

Proof of a de facto relationship

In determining whether the couple were living in a genuine, domestic relationship, the Court takes into account several matters, such as:

1. The length of the relationship; 

2. To what extent and under what arrangements the parties lived together; 

3. Whether there was a sexual relationship; 

4. The financial dependence or interdependence of the parties;

5. The acquisition, ownership and use of property; 

6. The degree of commitment by both parties to a shared life; 

7. The care and support of children; 

8. The performance of household duties; and

9. How other people saw the relationship. 

But before making property Orders, the Court must be satisfied that: 

1. The couple had a child together; or

2. The couple lived together for at least two years; 

3. The applicant made substantial domestic or property contributions or cared for the other party’s child and injustice would result if an order were not made; or

4. That the relationship is or was registered under a law of a State.

No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship. A Court determining whether a de facto relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the Court in the circumstances of the case.

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