DE FACTO LAWYERS IN SHELLHARBOUR

A de facto relationship exists when two people live together as a couple in a genuine domestic setting without being legally married. To assess this, the court considers factors like the length of the relationship, financial arrangements, living situation, and how the couple presents to others. Unlike married couples, de facto partners must demonstrate these elements through evidence if they seek legal recognition, which can make the process more complex.

The court looks at several criteria to decide if a de facto relationship exists:

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 key factors may 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 law. Property settlements, financial matters, and parenting issues are resolved under the same legal principles. If you’re unsure about your legal standing, Kells can help you understand your rights and available options.

Yes. You generally have two years from the end of a de facto relationship to apply for a property settlement. In some cases, the court may accept applications submitted after this deadline if refusing would cause undue hardship to one of the parties or a child involved.

If you’re going through a separation, it’s important to understand your legal position early. Speak with one of the de facto relationship lawyers at Kells in Shellharbour to discuss how separation may affect your property rights and any parenting arrangements. Our team works with clients from all types of relationships, including both same-sex and opposite-sex couples.

In most situations, a relationship is recognised as de facto after two years. However, exceptions apply. For example, where a child is involved or one party has made significant financial contributions. Courts also look at how the relationship is perceived by others. If your friends, family, or community regard you as a couple, this can support your case. You can also register your relationship with your state or territory, which may help confirm your legal status.

The key distinction lies in how the relationship is established. Married couples need only a marriage certificate to prove their legal status. In contrast, de facto partners must show evidence of their relationship, such as joint living arrangements, shared finances, or public recognition.

Although the path to recognition differs, the legal rights remain similar. De facto couples — including same-sex partners — have access to the same rights as married couples when it comes to property settlements, parenting matters, and spousal maintenance. If the relationship meets the requirements set out in the Family Law Act 1975, the law provides equal protection and responsibilities at the time of separation.

Australian law recognises de facto relationships under the Family Law Act, granting similar rights to those in a marriage. If your relationship ends, you may be eligible for a share of the property, spousal support, or financial assistance, particularly if you’re caring for a child. Should your partner pass away without a will, you may be able to make a claim on their estate. In the event of a workplace death, you could also qualify for compensation. The law is designed to ensure de facto partners are treated fairly when it comes to property division, responsibilities, and financial support, regardless of marital status.

To establish a de facto relationship, you’ll need to demonstrate that you’ve lived together on a domestic basis, usually for at least two years. Evidence may include shared expenses, joint bank accounts, co-ownership of property, or utility bills in both names. Courts may also look at social recognition, such as whether you’ve been seen as a couple by family, friends, or the community. You can also register your relationship with the relevant authority to formalise its legal status. What matters most is showing that your relationship meets the criteria set out in the Family Law Act.

The end of a relationship is rarely simple, especially when property, finances, or children are involved. At Kells, we bring deep experience in family law and a practical approach focused on helping you move forward with certainty.

What we offer is clear and straightforward legal advice that is specific to your circumstances. We work with all types of de facto relationships and understand the nuances that come with them. Whether you need assistance with a property split, parenting arrangements, or financial entitlements, we are here to protect your interests and resolve matters efficiently.

With a local presence in Shellharbour, Kells combines the depth of a larger practice with the personal attention of a smaller team. From your first meeting to the final outcome, you’ll feel informed, empowered, and backed by a team that genuinely cares.