Family Law and Divorce

In Australia, the transition from casual dating to a legally recognised de facto relationship can be more ambiguous than many people realise. Unlike marriage, which requires an official ceremony and documentation, a de facto relationship can form without any formal agreement – and with significant legal implications.

Could you unknowingly find yourself in a de facto relationship and, as a result, be liable for financial settlements or spousal maintenance if things don’t work out? The short answer: Yes.

Let’s explore how this can happen, what Australian family law says, and how you can protect yourself from unintended legal commitments.

What is a De Facto Relationship?

Under the Family Law Act 1975, a de facto relationship exists when two people (regardless of gender) are not legally married, not related by family, but live together on a genuine domestic basis. Unlike dating, a de facto relationship carries legal rights and responsibilities similar to those of married couples, particularly when it comes to financial matters and property division.

How You Can “Slip Into” a De Facto Relationship

A relationship doesn’t need an official label or even an intentional commitment to evolve into a legally recognised de facto partnership. Courts assess de facto status on a case-by-case basis, considering several factors, including:

1. Length of Relationship – Generally, if you have been together for at least two years, you may be considered de facto. However, shorter relationships can also qualify if there are children involved or significant financial interdependence.
2. Living Arrangements – While cohabitation is a strong indicator, it’s not essential. Couples who maintain separate residences but still share financial and domestic responsibilities could still be deemed de facto.
3. Financial Interdependence – If you have joint bank accounts, shared expenses, or if one partner financially supports the other, this can indicate a de facto relationship.
4. Public Perception – If friends, family, or the community recognise you as a couple, this may support a de facto claim.
5. Nature of Commitment – Even if you don’t share all finances or a residence, if your relationship involves a long-term commitment to mutual support, it could be classified as de facto.

The Legal Consequences of Being De Facto

Once a relationship meets the legal definition of de facto, the following rights and obligations apply if the relationship ends:

• Property Settlements – Assets and debts accumulated during the relationship may be divided equitably, just like in a divorce.
• Spousal Maintenance – One partner may be required to financially support the other if there is a significant income disparity and the other party cannot adequately support themselves.
• Time Limits for Claims – If a de facto couple separates, financial claims must be filed within two years of the breakup.

Can You Contest a De Facto Claim?

If one partner asserts de facto rights, the other can dispute it in court. A person may argue that:

• The relationship did not last long enough (less than two years, with no exceptions).
• They were not living together on a genuine domestic basis.
• Their finances were kept separate, meaning no financial interdependence existed.
• The couple was not publicly acknowledged as a de facto couple.
• They were involved in multiple relationships, making the exclusivity of the de facto claim questionable.

However, disputing a de facto claim requires evidence, and courts will examine the totality of the relationship when making a ruling.

How to Protect Yourself

If you’re concerned about being unintentionally classified as de facto, consider these steps:

1. Keep Finances Separate – Avoid joint bank accounts and financial dependencies.
2. Define the Relationship Clearly – If you do not intend to be legally committed, ensure both parties understand this.
3. Cohabitation Agreements – If you live together, consider a legal agreement that outlines financial arrangements and expectations.
4. Seek Legal Advice – If unsure about your status, speaking with a family law firm such as Koffels Solicitors and Barristers can provide clarity and protection.

Conclusion

Casual relationships can sometimes evolve into de facto status without either party realising it. While this might not be an issue for many, it can have serious legal and

financial consequences for those who want to maintain their independence. Understanding the legal criteria and taking proactive steps can help you avoid an unexpected legal commitment when all you wanted was some Netflix and chill.

We Can Help You

Are you unsure about your rights in a de facto relationship or facing a financial dispute after separation? Our experienced family law team specializes in helping you through the complexities of financial settlements, spousal maintenance, and property division.

📞 Call us today at +612 9283 5599 to get expert legal guidance.

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