What Is a De Facto Relationship in Victoria?
A common misconception about de facto relationships is that they require cohabitation. However, in Victoria, you can be in a de facto relationship even if you and your partner do not live together full-time. The key factor is the nature of the relationship rather than just the living arrangements. You cannot assume that you are not in a de facto relationship simply because you do not live together.
Under the Family Law Act 1975, a de facto relationship is recognised when two people, who are not married, are in a relationship as a couple living together on a genuine domestic basis. Courts will assess various factors to determine whether a de facto relationship exists, including:
Duration of the Relationship – The length of time the couple has been together is an important consideration, particularly if it has been at least two years.
Nature of the Relationship – The emotional connection, level of commitment, and exclusivity of the relationship are significant factors.
Financial Dependence or Interdependence – Courts will examine whether the couple shares finances, assets, or financial responsibilities.
Shared Life and Commitment – Evidence of a mutual commitment to a shared life, including joint property ownership, shared living arrangements, or joint responsibilities, may indicate a de facto relationship.
Care and Support of Children – If the couple has children together or provides care and support for each other’s children, this strengthens the case for a de facto relationship.
How the Relationship is Perceived by Others – Friends, family, and the broader community’s perception of the relationship can be relevant in legal assessments.
Legal Implications of a De Facto Relationship
Being in a de facto relationship carries legal rights and responsibilities, particularly regarding property settlements, financial support, and parenting matters in the event of separation. If a dispute arises, the Federal Circuit and Family Court of Australia may determine whether a de facto relationship existed and how assets should be divided.
Seeking Legal Advice
Understanding your rights and obligations in a de facto relationship can be complex. If you are unsure about your legal standing or require assistance with property settlements, financial agreements, or parenting arrangements, seeking professional legal guidance is advisable.