DE FACTO LAWYERS IN KIAMA

A de facto relationship exists when two people live together as a couple in a genuine domestic arrangement without being legally married. To establish this, the court considers factors such as the length of the relationship, financial ties, living arrangements, and how the couple presents themselves publicly. Unlike married couples, de facto partners must often provide evidence of these factors if they seek legal recognition, which can make the process more complex.

The court uses a range of criteria to decide whether a de facto relationship exists, including:

• Both individuals are over the age of 18 and not legally married to each other
• They are not related by family
• Considering all the circumstances, they live together as a couple on a genuine domestic basis

Other factors taken into account include:

• Duration of the Relationship: How long have they been together? Were there any significant breaks during which they dated other people?
• Existence of a Sexual Relationship: Did the couple have a sexual relationship? Were they physically intimate on a regular basis? Did they maintain separate bedrooms, and if so, why?
• Degree of Financial Dependence: Did one partner cover all the household expenses, or were they shared? Was one partner financially supporting the other? Did they merge their finances, such as through joint bank accounts?
• Ownership, Use, and Acquisition of Property: Did they purchase property together? Were both names on a mortgage or rental agreement? Did they share significant assets or make major purchases jointly?
• Care and Support of Children: Did the couple provide emotional or financial support for each other's children? Did either partner take on a parental or step-parental role?
• Public and Social Recognition of the Relationship: Did they introduce each other to friends and family as a couple? Were they generally recognised as a couple by their social circle and family members?

Since March 2009, de facto couples, including same-sex partners, have been treated the same as married couples under Australian family law. This means property settlements, financial disputes, and parenting matters are handled under the same principles. If you’re based in Kiama and are unsure about your position, the family law team at Kells can explain your rights and options.

Yes. Applications generally need to be made within two years of the end of a de facto relationship. In limited cases, the court may allow late applications if refusing would cause significant hardship to one party or a child.

If you are separating from a de facto partner, it’s important to understand your legal position early on. Speaking with one of our Kiama de facto relationship lawyers can help you clarify how separation may affect property division, financial matters, and parenting arrangements. We work with clients in both same-sex and opposite-sex relationships.

In most situations, a relationship is legally recognised as de facto after two years. However, exceptions apply. For example, where there is a child of the relationship or one partner has made significant financial or non-financial contributions. Courts may also consider how the relationship is regarded by friends, family, and the community. In some cases, registering the relationship with the relevant state or territory may also assist in confirming legal status.

The main distinction lies in how the law recognises the relationship. For married couples, a marriage certificate is enough to confirm their legal status. De facto partners, on the other hand, must demonstrate evidence of their relationship, such as living together, sharing finances, or being acknowledged publicly as a couple.

While the recognition process differs, the legal rights are largely the same. Under the Family Law Act 1975, de facto partners, including same-sex couples, are entitled to the same protections as married couples when it comes to property division, parenting matters, and financial support following separation.

Australian family law treats de facto couples in much the same way as married couples. If your relationship ends, you may be eligible for property settlements, spousal maintenance, or financial support, particularly if you are the primary carer of a child. If your partner passes away without leaving a will, you may be able to claim against their estate. In cases of workplace fatalities, de facto partners may also qualify for compensation. The law is structured to ensure fairness in financial and parental responsibilities, regardless of marital status.

To establish that a de facto relationship exists, you typically need to show that you have lived together in a domestic setting for at least two years. Evidence might include joint bank accounts, shared bills, co-ownership of property, or proof of shared expenses. Courts may also consider how your relationship is viewed by family, friends, or the community. In New South Wales, you also have the option to register your relationship formally. What matters most is that the relationship meets the criteria set out under the Family Law Act.

Ending a de facto relationship can be complex, particularly when property, finances, or parenting issues are involved. At Kells, our family law team in Kiama provides practical, results-focused advice that helps you take control of your next steps.

We work with all types of de facto relationships and understand the unique circumstances they present. Whether you need assistance with dividing property, making parenting arrangements, or securing financial entitlements, we’re here to protect your interests and guide you toward a workable resolution.

With offices in Kiama, Kells combines the experience of a larger firm with the personal attention of a local team. From your first consultation through to final resolution, we’ll keep you informed and supported while focusing on achieving an outcome that gives you certainty for the future.