De Facto vs. Marriage – What’s the Difference?

In this video, special counsel Leeann Murphy discusses what factors will be relevant in determining whether or not you are in a de facto relationship.

Video transcript

Hello, I’m Leeann Murphy. I’m a member of the family law team at Cooper Grace Ward Lawyers. Today, I’m going to be discussing what factors will be relevant to determine whether or not you are in a de facto relationship.

Facts and circumstances as to whether you are in a de facto relationship

Whether or not you are in a de facto relationship depends on a number of facts and circumstances, including the nature and duration of your relationship, your living arrangements, your financial interdependence and your mutual commitment. According to Australian law, a de facto relationship is a relationship between two people, either of the same sex or the opposite sex, who are living together on a genuine domestic basis. You cannot be married and you cannot be related through family. De facto couples have various rights in accordance with Australian family law.

Property division in de facto relationships

In relation to property division, de facto couples have the same rights and obligations in relation to this issue, as married couples do. This means that the court can make orders in relation to the division of assets, liabilities and superannuation. The court will take into account factors such as contributions, needs and future adjustment factors.

Spousal maintenance in de facto relationships

In relation to spousal maintenance, de facto couples have the same rights and obligations as married couples do. This means that the court is able to make orders in relation to spousal maintenance matters and can take into account issues such as income, needs and the ability of the other party to meet those needs.

Superannuation splitting in de facto relationships

In relation to superannuation splitting, de facto couples have the same rights and obligations as married couples do. In this respect, the court is able to make superannuation splitting orders to enable superannuation to be split between de facto couples.

Parenting rights in de facto relationships

In relation to parental rights and responsibilities, de facto couples have the same rights and obligations as married couples do. In this respect, de facto couples have the same legal duty for the care and welfare of their children and to make arrangements in the best interests of their children.

If you are unsure about your relationship status, contact us.