When determining whether a couple is de facto, several factors are taken into consideration: 

  1. the duration of the relationship; 
  2. whether there is a child of the relationship;
  3. whether one party made substantial financial or non-financial contributions to the other’s property;
  4. did one party financially support the other party; 
  5. whether others knew of the relationship;
  6. whether the relationship was registered with the relevant state or territory;
  7. the degree of commitment to a shared life

Parties to a de facto relationship must reach a final property settlement and deal with parenting issues for children of the relationship in the same way that a married couple would – this will either be by agreement or if the parties cannot agree, through the Court process. Our team of family law experts are able to help you navigate through this process.

On top of reaching a property settlement and dealing with parenting issues, same sex couples who are married must also apply for a divorce if they wish to re-marry. 

Talk to one of our expert lawyers today.