Since 1 March 2009, couples that are in a de facto (or domestic) relationship have the same rights as a married couple. Therefore, property settlement and spousal maintenance applications can now be made under the Family Law Act 1975.

However, the Court must be satisfied that a de facto relationship is more than 2 years or that there is a child to the relationship before a property settlement or maintenance applications can occur.

A de facto relationship includes same-sex partners and can exist if a partner is married to someone else or is in another de facto relationship. Taits Legal lawyers will consider all the circumstances of your relationship to determine whether it is a de facto relationship. These circumstances include:



• Length of the relationship
• The nature and extent of their common residence
• Whether a sexual relationship exists
• The degree of financial dependence and any financial support
• The ownership, use and acquisition of their property
• The degree of mutual commitment to a shared life
• Whether the relationship is or was registered in a State or Territory
• The care and support of children of the relationship
• The reputation and public aspect of the relationship

If a de facto relationship is established, Taits Legal will help you determine any property settlement division to provide a just and equable outcome. Please see the property settlement fact sheet regarding time limits and additional information for property settlements.

Please contact our office if you wish to make an appointment with one of our family law lawyers.