At Bentleys Law, we understand that not every family looks the same, and not every relationship is defined by marriage. De facto relationships are an important part of modern family law, and when they break down, the legal and emotional challenges can feel just as overwhelming as the end of a marriage.
Under the Family Law Act 1975 (Cth), a de facto relationship exists when two people are not legally married but live together on a genuine domestic basis. The Court considers several factors when deciding whether a de facto relationship exists, such as:
- How long the couple has been together
- The level of commitment to a shared life
- Whether there is a sexual relationship
- The degree of financial dependence or interdependence
- Ownership and use of property
- How the relationship is presented publicly
No single factor is decisive. Instead, the Court looks at the whole picture of the relationship to understand its true nature.
Melbourne's Trusted Family Lawyers
We know family law matters touch the most personal parts of your life. Our team at Bentleys Law is here to help with:
Whether things are relatively amicable or more complicated, we’re here to guide you through. Our Melbourne team explains everything in plain language, answers your questions promptly, and helps you make decisions you can feel good about.
Every family is different. We take the time to understand yours.
When a de facto relationship ends
A separation can raise the same issues faced by married couples, including parenting arrangements, financial support, and the division of property. Depending on the circumstances, the Court may be asked to make orders for property settlement or spousal maintenance. This can occur where:
- The relationship lasted at least two years
- There is a child of the relationship
- One party made significant contributions and would be left unfairly disadvantaged without a property settlement
How we help
Every relationship is different, and every separation has its own challenges. Our family lawyers provide clear advice tailored to your situation, whether you need guidance on parenting, financial arrangements, or property division.
At Bentleys Law, we approach de facto matters with compassion and discretion. Our priority is to help you understand your rights, protect your interests, and find practical pathways forward so you can start the next chapter of your life with confidence.