Am I in a De facto relationship?

The Court will assist in dividing the assets of a relationship if it can determine that you were in a de facto relationship. The Court must be satisfied as to all of the following for it to be a de facto relationship:

1. Whether you were in a genuine de facto relationship with your former partner;

2. Whether your relationship meets one of the following criteria:

   • The relationship period was at least 2 years;

   • That there is a child in the de facto relationship;

   • That the relationship is or was registered under any law of a State or Territory in Australia;

   • If a party made large contributions to the relationship (financial or other) and there was no division of property then it would be a great injustice to that party.     

3. That you can participate in the appropriate jurisdiction in Australia;

4. The the relationship broke down after 1 March 2009 or after 1 July 2010 if you lived in South Australia (if your relationship broke down before 1 March 2009 then call us to discuss what jurisdiction your relationship will fall under).  

While assets of a de facto relationship are divided the same way that assets of a marriage are divided, actually determining whether you are in a de facto relationship can be complicated.    

We suggest you call us urgently for a free consultation so that we can provide you with the relevant advice.