Married or de facto – is there a difference?
Under the Family Law Act 1975 (Cth) (“the Act”), a de facto partner is treated in an almost identical way to a married spouse.
Marriage in Australia
A marriage is defined as the union of two people to the exclusion of all others, voluntarily entered into for life.
Being married means your relationship is recognised immediately. A valid marriage in Australia is recognised worldwide and proving your marriage is as simple as producing your marriage certificate.
To legally end your marriage in Australia, you need to obtain a divorce. To do this you must meet the relevant criteria including having been separated for at least 12 months.
De facto relationships in Australia
A de facto relationship is more broadly defined in the Act. To be considered in a de facto relationship you must live with your partner on a genuine domestic basis and must not be legally married or related.
Proving the existence of a de facto relationship is harder than proving a marriage as you do not have a certificate to produce.
Under family law to be considered to be in a de facto relationship you must live with your partner for at least two years although there are some circumstances (for example having a child together, registering your relationship, or making substantial financial contributions for the benefit of your partner) that can reduce the two-year requirement.
Unlike a marriage, you can simply end a de facto relationship. There is no equivalent of a divorce for a de facto relationship.
Overall, the main difference between being married and being in a de facto relationship is the requirement that as a de facto you must prove the existence of the relationship as you do not have the benefit of a certificate.
If you have any questions or require specific advice about this issue, please do not hesitate to contact a member of the TLFC family law team on (03) 8600 9333 and we will be happy to assist you.
