De Facto Relationships

De Facto Matters, Family Law - Watson & Watson have experienced family lawyers for De Facto matters

While not enjoying all the same rights as marriage, de facto relationships are legally recognised. New South Wales legislation grants limited maintenance rights on the breakdown of a de facto relationship of at least two years duration.

De Facto Law - What is Considered De Facto?

The term 'de facto' also applies to same sex relationships, and even to a “close personal relationship” between two adults, regardless of whether they are related, who are living together, where one provides the other with domestic assistance or personal care (without fee or reward). As these relationships can be determined as 'de facto', it is vital to speak with a family lawyer prior to moving forward.

How Does the Family Court Determine Whether a Relationship is De Facto?

To determine whether a relationship is truly de facto, a court will look at a number of facts listed in the NSW legislation. These include the duration of the relationship, financial dependence, ownership, and use of property, children, the existence of a common residence, mutual support, and public recognition of the relationship. The Family Court determines issues relating to the children of a de facto relationship. The District Court or Supreme Court determine issues relating to the property of the partners in a de facto relationship in a separation. Those property matters are determined in Court in accordance with the provisions of the Property (Relationships) Act 1984.

Latest News: New Commonwealth law for separating de facto couples - Property division when de facto relationships break down

New laws for the division of property for people in de facto relationships that break down have been passed by the Commonwealth Parliament... read more

Can De Facto partners reach agreement as to what will happen on the breakdown of a relationship?

The Property (Relationship) Act 1984 provides for parties in a de facto relationship to enter into an agreement setting out what will occur in the event of a breakdown. Careful consideration is to be had to the terms of any agreement, not only in what is in the agreement, but what is omitted from the agreement. There are many issues that need to be carefully considered.

Watson & Watson Family Lawyers can inform you whether you are eligible to receive support, and can assist with property and children’s matters as a de facto partner.

Please note that the provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. A telephone discussion should not be construed as legal advice and cannot be relied upon. Legal advice upon which you can rely, can only be properly provided by us to you at or after an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. Please contact us if you wish to arrange a conference.

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