De Facto Relationship Lawyers Melbourne

Since 2009, de facto couples in Victoria have had access to the same family law system as married couples for property settlement and parenting matters. However, there are important differences in how the law applies, including strict time limits and the need to first establish that a de facto relationship existed. Understanding these differences is crucial for protecting your rights.

What Is a De Facto Relationship?

Under Section 4AA of the Family Law Act, a de facto relationship exists when two people (of same or opposite sex) are in a relationship as a couple on a genuine domestic basis but are not legally married or related by family.

Courts Consider Multiple Factors:

Duration of the relationship
Nature and extent of common residence
Sexual relationship existence
Degree of financial dependence

Ownership of property
Care and support of children
Common household duties
Public recognition as a couple

No Single Factor Determinative

Courts look at the relationship holistically. You don't need to satisfy all factors - couples who maintain separate residences or finances can still be de facto. Each case is assessed on its unique circumstances.

Jurisdictional Requirements

To Access Family Court for Property/Maintenance:

At least ONE of these must apply:

1 Two-year relationship: The de facto relationship lasted at least 2 years
2 Child of relationship: There is a child of the de facto relationship
3 Registered relationship: In Victoria or other participating states
4 Substantial contributions: Significant contributions creating serious injustice if no order made

Critical Time Limits for De Facto Couples

2-Year Limitation Period

Unlike divorce (12 months), de facto couples have only 2 years from separation to file for:

• Property settlement orders
• Spousal maintenance
• Superannuation splitting

Note: Leave to proceed out of time is possible but difficult to obtain. You must show hardship and good reasons for delay.

Property Rights: De Facto vs Married

Similarities

• Same property division principles
• Equal consideration of contributions
• Future needs assessment
• Superannuation splitting available
• Spousal maintenance possible
• Binding agreements recognised

Key Differences

• Must prove relationship existed
• 2-year time limit (not 12 months)
• No automatic property rights
• Different date calculations
• State law may apply to some assets
• No divorce requirement

Proving Your De Facto Relationship

Evidence to Establish Your Relationship

Documentary Evidence

• Joint bank accounts
• Shared lease/mortgage
• Joint loans or credit
• Wills naming partner
• Insurance policies
• Utility bills together

Social Evidence

• Photos together
• Social media posts
• Travel records
• Witness statements
• Invitations as couple
• Emergency contacts

Financial Integration

• Shared expenses
• Joint investments
• Superannuation beneficiary
• Tax returns
• Centrelink declarations
• Financial support evidence

Domestic Evidence

• Household routine
• Shared responsibilities
• Pet ownership
• Medical records
• Next of kin forms
• School contacts

Property Settlement Process

Step 1: Establish Relationship

Prove de facto relationship existed and meets jurisdictional requirements. This threshold issue must be resolved before property matters.

Step 2: Identify Property Pool

All assets and liabilities of both parties, regardless of whose name they're in. Includes property acquired before, during, and after relationship.

Step 3: Assess Contributions

Financial, non-financial, homemaker, and parenting contributions throughout the relationship.

Step 4: Consider Future Needs

Age, health, earning capacity, care of children, and other factors affecting future financial position.

Step 5: Just and Equitable

Final check that proposed division is fair in all circumstances.

Children and Parenting

For parenting matters, de facto and married parents have identical rights and responsibilities:

Both parents have equal parental responsibility unless court orders otherwise
Best interests of child paramount in all decisions
Child support obligations apply equally
No time limit for parenting applications

Financial Agreements for De Facto Couples

Before Relationship

Protect pre-relationship assets and define financial arrangements before moving in together.

During Relationship

Clarify financial arrangements and property ownership while together.

After Separation

Formalise property settlement without court proceedings.

Common De Facto Disputes

Relationship Status Disputes

• "Just housemates" claims
• Separate residence arguments
• Dating vs de facto debates
• Start/end date disagreements
• Multiple relationships

Property Disputes

• "It's in my name" arguments
• Pre-relationship property
• Inheritance claims
• Business interests
• Hidden assets

Time Limits Apply

De Facto Relationships and Family Law in Victoria

What Is a De Facto Relationship?

Courts Consider Multiple Factors:

No Single Factor Determinative

Jurisdictional Requirements

To Access Family Court for Property/Maintenance:

Critical Time Limits for De Facto Couples

2-Year Limitation Period

Property Rights: De Facto vs Married

Similarities

Key Differences

Proving Your De Facto Relationship

Evidence to Establish Your Relationship

Documentary Evidence

Social Evidence

Financial Integration

Domestic Evidence

Property Settlement Process

Step 1: Establish Relationship

Step 2: Identify Property Pool

Step 3: Assess Contributions

Step 4: Consider Future Needs

Step 5: Just and Equitable

Children and Parenting

Financial Agreements for De Facto Couples

Before Relationship

During Relationship

After Separation

Common De Facto Disputes

Relationship Status Disputes

Property Disputes

Protecting Your Interests

During the Relationship

Upon Separation

Find De Facto Relationship Lawyers

Don't Miss the 2-Year Deadline

Related De Facto Legal Services

Property Settlement

Partner Maintenance

Cohabitation Agreements

Parenting Matters

Super Splitting

Consent Orders

Protect Your De Facto Rights