De Facto

For recognition under Australian family law, a de facto relationship must possess a “genuine domestic basis,” meaning it resembles a marriage, even if the couple doesn’t reside together full-time.

Several factors can suggest a genuine domestic basis:

**Length of the relationship**: The longer the relationship lasts, the more serious it is likely to be considered.
**Living arrangements**: While cohabitation can signify commitment, it isn’t mandatory. Partners may live separately due to work or personal choices yet still lead a shared life.
**Financial interdependence**: Connected finances, such as joint accounts or shared expenses, demonstrate a commitment to a shared future.
**Social recognition**: If friends, family, and the community acknowledge you as a couple, this reinforces the existence of a de facto relationship.
**Shared responsibilities**: Activities like raising children, caring for one another, or making future plans together often indicate a genuine domestic basis.
**Property ownership or use**: Joint ownership or usage of property reflects a shared commitment, regardless of living arrangements.
**Mutual commitment**: Emotional and practical commitments—such as future planning and providing support for one another—suggest a relationship akin to marriage.

These factors serve as guidelines rather than rigid rules. Courts assess the overall context instead of simply checking a list. If your relationship aligns with these criteria, you may have rights similar to those of a married couple, including property settlements and financial support.