What is a De Facto relationship?

Two people are in a de facto relationship if they:

The definition applies to both different sex and same sex couples.

Were you in a De Facto relationship and now separated?

In recent times the law in Australia has improved to give de facto couples across Australia similar rights and obligations as partners who are married.

What does the Court take into account in determining whether persons are a couple?

The Court will consider:

Can you apply for property or maintenance orders?

If you were in a de facto relationship, you can only apply for property or maintenance orders if you fall under one of the following categories:

Is there a time limit to make an application to Court?

Yes. If you de facto relationship has broken down, you have two years to make an application for a property settlement or maintenance order. After two years have elapsed, you either need the consent of your former partner, or leave from the Court – which cannot be guaranteed.