A de facto relationship is defined as a relationship where two people live as a couple on a genuine domestic basis, without being legally married to each other. This definition applies to same-sex and polyamorous couples.
A de facto relationship is defined in Section 4AA of the Family Law Act 1975.

The law requires that you and your former partner were not legally married, are not family and had a relationship as a couple living together on a genuine domestic basis.

To prove the de facto relationship meets the legislative requirements, a party needs to establish that parties lived together in a “marriage like” relationship for at least two years, or that they lived in a de facto relationship for less than 2 years but there is a child of the relationship under the age of 18 years and failure to make orders would result in serious injustice to a party while they are caring or responsible for the child; or that they made substantial financial, non-financial or homemaker and parent contributions and failing to make orders would result in serious injustice to that party.

The Family Court now treats the breakdown of a de facto relationship similar to the breakdown of a marriage, with rights and responsibilities similar to those of married couples, including parenting arrangements and the payment of child support. Parties are now also able to contract out of the provisions set out in the Family Court Act (WA) 1997 by entering into a binding financial agreement.

A de facto spouse seeking property division or maintenance must commence proceedings in the Family Court of Western Australia within two years from the date of separation. However, a de facto spouse can apply to the Family Court for leave to apply outside this timeframe on the basis that significant hardship would be caused to the party if leave was not granted.

It is therefore recommended that de facto partners consider how they intend to distribute or protect their property and financial assets should their relationship breakdown. Our experienced family lawyers can help you understand your rights and explain the various laws and agreements to you. We can also assist you identify if your relationship meets the defacto jurisdiction and to resolve parenting, financial or property issues.

We provide top tier services and top tier experience at substantially better rates to those of our competitors and we provide fixed fee costs wherever possible for all of our matters.