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Family Law and Defacto Relationships

How much time as a couple needs to pass before you are considered to be in a

Defacto Relationship?

a couple relaxing and cuddling with a hogan stanton lawyers logo on the picture


When your relationships end, whether you were legally married or not, there can still be legal and emotional considerations to take into account. Generally, couples who have been in relationships for over two years classify as de facto. However, these days there can be confusion around how long people have been together that can impact Family Law and Defacto relationships.



Reputation and Public Aspects of the Relationship – De Facto Relationships

Did you know that your family and friends can help determine if you were in a de facto relationship?

When a relationship ends, whether it involved a legal marriage or not, there are often both legal and emotional factors to consider. In conventional terms, couples who have been together for over two years are typically acknowledged as being in a de facto relationship. However, more recently according to the Australian Institute of Family Studies, there has been a decline in the number of marriages therefore there are more couples embracing the uncertainty surrounding de facto relationships.

One lesser-known avenue that the Court may explore when considering if a relationship is de facto involves engaging the friends and acquaintances of the involved parties to offer evidence regarding the existence or absence of a relationship. These individuals can provide valuable insights to help the Court make a more informed decision


If you’re unsure, whether you classify as a de facto relationship, there are multiple factors that the Court will take into consideration. These are outlined in the Family Law Act 1975 (Cth) and include the duration of the relationship, the nature and extent of their common residence, whether a sexual relationship exists, the degree of financial dependence, the ownership of property, the degree of mutual commitment to a shared life, care and support of children, and the reputation and public aspects of the relationship. In every case, the Court evaluates the degree of importance it attributes to each of the mentioned aspects.

Still not sure If you are in a de facto relationship, Hogan Stanton Lawyers can help you determine your relationship status as well as beginning your Family Law Matters. Please contact our office on (07) 3278 1888.


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