The increasingly common relationship model of being involved in a long term de-facto relationship without ever getting married is now one of the most common things that lawyers are asked about. Although being a de-facto now is technically not the same as marriage, substantively in virtually every important respect, the rights and obligations of the parties are the same in relation to a defacto relationship as they are in a marriage. Since March 2009, there has been a uniform national system of law in place which means that once someone is classified under the de facto umbrella, all of the considerations and process in relation to important issues like separation, property rights, child custody and all other issues are by law borught into conformity with the Family Law Act 1975 (Cth) Rules on determining the outcomes of marriage break ups. So what does this mean if you are in a defacto relationship?

One of the issues that can be in dispute is the date of separation because this can determine when it is possible to apply for divorce in relation to a marriage (1 year). This rule does not apply to a defacto separation, but the date of separation should usually be formalized with a separation certificate so that there is no confusion later on in relation to the true date of separation and how this applies to time limitations. Broadly, in terms of property rights, it is all by negotiation but if this breaks down then a court will decide using the four step process of assessing the assets, the contributions of the parties, the future needs of the parties and what is called any just and equitable considerations. In terms of parenting orders, everything by law revolves around what is in the best interests of the children. If you would like some more assistance with understanding how the law applies to your situation, please do not hesitate to contact us using the contact form to the right.