De Facto Relationship Lawyers Sydney

Tailored legal advice on matters relating to de facto relationships from a leading Sydney law team.

Send an Inquiry

What Is a De Facto Relationship?

Under the Family Law Act 1975, couples that have been living together for more than two years or have children from the relationship are afforded the rights of a de facto couple. For couples that have been together for a period of less than two years, the court will consider a range of different factors to determine whether a de facto relationship exists, including:

Shared assets (house/mortgage)
The couple have children together
There was a sexual relationship
The parties have shared finances
The social aspects of the relationship
The relationship is registered under a prescribed law of a State or Territory
The couple have lived together for a significant portion of their relationship on a “genuine domestic basis”

In cases where the couple have been together for a period of less than two years, the court will consider a number of different factors and make a case-by-case assessment to determine whether or not the criteria for a de facto relationship has been met.

Your Rights in A De Facto Relationship

Under Australian law, De facto couples enjoy the same rights and securities as a married couple when it comes to the division of assets and shared responsibilities. If the criteria are met and the court determines that a genuine de facto relationship exists, a Family Court can make orders with respect to:

Property settlement
Financial support
Parental responsibilities
Superannuation split
Immigration and citizenship

Each case is unique, so it’s important to understand where you stand and your entitlements in a de facto relationship. Our de facto relationship lawyers can help you to understand your rights and responsibilities.