De facto relationships

Karen L Haga & Associates

De facto relationships
A de facto relationship is defined as a person that has a relationship living together with another
person, who is in the same or opposite sex, on a genuine domestic basis. From 2009, a de
facto relationship can apply to the Family Court or the Federal Circuit Court to have children
and financial arrangement determined in the same ways as married couples.
Before the Court can determine your financial dispute, you must satisfy all of the following:
1.

You were in a genuine de facto relationship with your former partner which has broken
down

2.

You meet one of the following four gateway criteria:

That the period for the de facto relationship was at least 2 years

That there is a child in the de facto relationship

That the relationship is or was registered under a prescribed law of a State or

Territory

When assessing property or custodial claims in cases of a breakdown of a

relationship, it is recognised that significant contributions were being made by
one party and the failure to issue an order would result in a serious injustice

3.

You have a geographical connection to a participating jurisdiction

4.

Your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a
geographical connection to South Australia only); although you may be able to apply to
the courts if your relationship broke down prior to the date applicable to your state.

It is important that you seek legal advice from a family law specialist or a family lawyer to
ensure whether your circumstances satisfy the criterion above before lodging your application.

De facto relationships

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02 9899 9331
02 9894 9133
24/15 Terminus Street, Castle Hill, NSW
2154
At Karen L Haga & Associates, our philosophy is
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