De Facto relationships

A de facto relationship is defined as when two persons (irrespective of gender) live together on a genuine domestic basis. Those persons must not be married or related by family.

In most states, including South Australia, de facto couples can legally register their relationships. Registration gives legal recognition should one spouse pass away or the couple separates.

We can advise you to determine whether you were in a de facto relationship. Common factors that the Courts will consider include:

The length of your relationship.
Was there a child of the relationship?
What were living arrangements like during your relationship?
The extent of emotional and financial dependence between the parties.
What assets and liabilities accumulated during that time? How were they used and disposed of?
How did the parties hold themselves out to friends and family?

What’s my next step after I have separated from my de facto partner?

We recommend that you consult with us about a possible financial claim. There is no need to wait a year before tackling these issues. It is often simpler, easier and cheaper to tackle matters at the earliest point after you separate. This minimises disputes over how money was spent after separation and how events after separation are interpreted.

Being in a de facto relationship does not mean that you are entitled to a 50% share of your de facto partner’s assets. You can read more about Family Law property settlements here.

If you were in a de facto relationship, you need to make your application for financial orders within 2 years from the date your relationship irretrievably ended. In some instances, the Court can grant permission for an application made ‘out of time’ to proceed. But that will only add further cost and uncertainty.

If there are children of your de facto relationship, we can also advise you on parenting arrangements. It is also best to tackle these early. Any set arrangements can sometimes prove difficult to change, especially for younger children. You can read more about Parenting and Custody disputes here.

Let’s chat

Use our form to discuss your legal enquiry. Please be as detailed as possible.

Or call us for a free no-obligation quick chat. Even if you are unsure if it is a Family Law problem, we can point you to where to start.

0422 933 232
167 Flinders St, Adelaide SA 5000