De Facto Relationships

For most areas of the law, de facto partners now have the same legal status as people who are married or in a civil union. (eg. the Care of Children Act 2004 generally treats de facto partners the same as married couples). However, the exact definition of a de facto relationship can vary from Act to Act, as explained below.

A de facto relationship is between two people of the same sex or the opposite sex, who live together and are not married or in a civil union. For the relationship to be legally recognised both people must be a certain age, but this age can vary depending on the particular area of law.

For example, a general definition of de facto relationship in the Interpretation Act includes a requirement that both people must be at least 16, and that 16 and 17-year-olds need the consent of their parents. This also applies to the Care of Children Act, which doesn’t have its own definition of de facto relationship.

The Property (Relationships) Act which deals with how property is divided when a couple break up, has its own definition of de facto relationship. This says both partners must be at least 18 for the relationship to be recognised under that Act and also sets out a number of specific factors for the Court to consider when deciding whether two people have been living together in a de facto relationship.
No formal legal steps are necessary to begin or end a de facto relationship. The two partners simply start, or stop, living together as a couple.