De Facto and Domestic Partner Relationships

Broadly speaking, there are three areas of law to consider: parenting matters, child support and financial matters between de facto couples.

All parenting issues including issues relating to whom a child lives with and how much time each parent should have with the child etc. are dealt with in the same way as applies to couples from a marriage.

Similarly, all questions of child support are dealt with in exactly the same way as if the parents of the child were married.

Hence the discussions elsewhere about children and parenting orders and child support are equally applicable to de facto partners.

To qualify for a property settlement or maintenance from the other party, decided under the principles in the Family Law Act and similar to those applicable to married couples, three prerequisites must be met:

1. The parties must separate after 1 March 2009.
2. They must have cohabited in a de facto relationship for any period and have a child together.
3. If they have not had a child together, they must have cohabited for at least 2 years.

For more detail about the process for making these claims, please see the sections on Property and Spouse Maintenance elsewhere in our Family Law website.

The laws relating to parenting orders and child support in connection with de facto relationships apply equally throughout Australia.

The laws relating to property settlement and maintenance are the same throughout Australia except for South Australia and Western Australia. If the relationship has been principally based in those states or there is a connection with those states, you should obtain our advice as to whether there are any special questions or issues which arise.

If the parties separate prior to 1 March 2009, their property settlement entitlements and maintenance entitlements are dealt with based on the state or territory law of the place in which they are principally living. If they have moved between states the answer may be more complicated. In Victoria the Relationships Act (Vic) 2008 gives couples financial rights against each other which are quite similar to the rights described above under the Family Law Act although the rights to obtain partner maintenance are more limited than they are under the Family Law Act. Any Court application under the Relationships Act would usually be brought in the Victorian County Court.