The relationship landscape has evolved through the decades with new commitments being more prevalent, not all of them accompanied by “I do” at the altar. For those couples who choose to have a life together without the formality of marriage, they are likely to be in a “de facto” relationship. That too comes with legal implications and protections, ones that others might not always fully understand. Let’s discuss what a de facto relationship is and why it’s essential to know.
Defining a De Facto Relationship
A de facto relationship occurs when two individuals (of the opposite or same sex) live together as a couple but are neither married nor in a civil union. The term is used in several countries, including Australia, Canada, and New Zealand, to imply that the two are in a de facto domestic relationship. It does not necessarily become a relationship de facto by living together, though. The most important aspects, including the duration they have been cohabiting, sharing of money, and if children are involved, may be the determining factor of its definition.
For instance, under Australian law, a de facto relationship is defined under the Family Law Act based on various aspects such as the duration of the relationship (commonly not less than two years if there are no special circumstances), sharing of a house, and being seen as a couple by the general public.
Determining a De Facto Relationship
Whether you can have a de facto relationship depends primarily on where you are located, and in most locations, a couple of key things enter the picture. The first is that the couple needs to have been together for some significant amount of time—that differs from state to state.
The other evidence can comprise joint financial obligations in the form of joint bank accounts or joint payment of the domestic expenses. Joint ownership of real property or joint leasing can convincingly establish the relationship as de facto. Love will be presumed, but even shared travel arrangements, gifts, or shared future plans can be taken into consideration. Last but not least, social acceptance of the relationship by friends, relatives, and acquaintances can solidify its legal de facto nature.
Rights and Protection in a De Facto Relationship
Partners in a de facto relationship are entitled to an assortment of legal protection equivalent to the kind one achieves through marriage, varying by location. Protection often comprises financial payments at the breakdown of the relationship, rights in superannuation or pension plans, and rights to property concerning division. Where children are involved, de facto status provides shared parental duties and obligations equal in family law.
But in order to enact these rights, one might be required to produce evidence to confirm the relationship. It would also affect inheritance law, immigration, or make one eligible for spousal benefits. Therefore, most de facto couples opt to sign a cohabitation agreement to formalise their arrangements and protect their rights. Be sure to seek the expertise of Sydney family law professionals if you have questions.
Knowing the Way Ahead
De facto relationships, which begin in romance or convenience, are more and more a socially accepted alternative for traditional marriage. Although it’s simple to define one, its implications can extend deep into legal entitlements, financial planning, and family strategy. For those in a de facto relationship—or suspecting to be in one—it would be wise to familiarise themselves with the laws in their location or seek legal counsel to understand the full spectrum of your rights and obligations. Building a strong foundation of knowledge can work to solidify your partnership for years to come.
