PLEASE NOTE! Agreements become legally binding only when each party has received Certified Independent Legal Advice
What is a de facto relationship?The term "de facto relationship" is defined in Section 4AA of the Family Law Act.
(1) A person is in a de facto relationship with another person if; (a) the persons are not legally married to each other; and (b) the persons are not related by family; (c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis. (5) for the purposes of this Act; (a) a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and (b) a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship. For a full definition click the link to Section 4AA of the Family Law Act. One should note that before the recent amendments to the Act, the regulation of de facto relationships (also known as domestic partnerships) came under state legislation. So each of the individual states and territories drafted their own set of laws to govern relationships outside of marriage. For decades defacto and same sex interest groups have lobbied parliament to have their relationships recognised under the provisions of the Family Law Act. Now de facto and same sex couples in most states have the same access to the law as married couples have had since 1975. All the Eastern states (Qld, NSW, Vic and Tasmania) plus the two territories (ACT and NT) have referred their powers under state legislation to the commonwealth, which leaves South Australia and Western Australia choosing to regulate domestic relationships themselves. SA seams stuck in the past and WA has its own Family Court Act which mirrors much of the legislation in the Family Law Act. Specifically, provisions that relate to Financial matters concerning defacto relationships can be found under PART VIIIAB of the Act.
Here you will find sections
90UB. Financial agreements before de facto relationship – need to know more 90UC. Financial agreements during de facto relationship – need to know more 90UD. Financial agreements after breakdown of a de facto relationship – need to know more |
De facto is a Latin expression that means "concerning fact". In terms of a relationship it means that a couple are living together but are not married. It will often appear as 'defacto' or 'de facto' and there is no difference between the two. The other most common term used to describe when two people are living together is 'cohabitation' or 'to cohabit'.
The agreement that covers this used to come under the heading of a 'binding financial agreement' until changes to the Family Law Act meant it is now just a 'financial agreement'. This change to the act also saw these agreements now come under federal law and now recognise same sex couples as having the same rights as heterosexual couples.