Proving a De Facto Relationship in Australia

Proving a de facto relationship in Australia is essential for various legal purposes, including property settlements, spousal maintenance, and other family law matters. A de facto relationship is defined under the Family Law Act 1975 (Cth) as a relationship between two people who are not married to each other but live together on a genuine domestic basis. Here’s how you can establish the existence of a de facto relationship:

Key Criteria for Proving a De Facto Relationship

1. Duration of the Relationship. The length of a relationship significantly impacts property settlements, as shorter relationships tend to place more emphasis on each individual’s initial contributions to the asset pool, while longer relationships may see contributions more intertwined.

2. Living Arrangements: Evidence of living together is crucial. This includes shared rental agreements, mortgage documents, or utility bills showing the same address.

3. Financial Aspects: Demonstrating financial interdependence is important. This can include joint bank accounts, shared expenses, or financial support provided by one party to the other.

4. Social Aspects: The relationship should be recognized socially. This can be shown through joint invitations, photographs, or statements from friends and family acknowledging the relationship.

5. Commitment to a Shared Life: Evidence of mutual commitment can include plans for the future, such as buying property together or having children.

6. Sexual Relationship: While not determinative, the existence of a sexual relationship can be a factor in proving a de facto relationship.

7. Registration of the Relationship: In some states and territories, registering the relationship can serve as evidence of its existence.

Gathering Evidence

• Documentation: Collect documents that demonstrate shared life aspects, such as joint leases, bank statements, and insurance policies.
• Affidavits: Obtain affidavits from friends, family, or colleagues who can attest to the nature of the relationship.
• Photographic Evidence: Photos of the couple together at various events can support the claim of a de facto relationship.

Legal Considerations

• Legal Advice: It is advisable to seek legal advice to ensure that all necessary evidence is gathered and presented effectively.
• Court Proceedings: If the existence of a de facto relationship is disputed, the matter may need to be resolved in court, where the evidence will be assessed.

Proving a de facto relationship involves demonstrating a combination of factors that show a genuine domestic partnership. The evidence must collectively indicate that the relationship is akin to a marriage, even though the parties are not legally married. Understanding the legal requirements and gathering comprehensive evidence is crucial for successfully establishing a de facto relationship in Australia.

If you have questions about your de facto relationship, or would like to speak with one of our experienced Family Law Solicitors about your Family Law matter, contact our Sutherland Shire Team on on 8525 2700, click here to request an appointment, or click on the Book Now button below. Our experienced team of Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Nikita Ward
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