Understanding the Differences Between a De Facto Relationship and Marriage in Australia

Insights from Bansal Lawyers

In Australia, both marriage and de facto relationships are recognized under the law, but they come with distinct legal definitions and requirements. Whether you’re in a marriage or a de facto relationship, understanding the differences is crucial, especially when it comes to property settlements, financial agreements, and rights following separation. At Bansal Lawyers, we provide expert guidance to help you navigate these complexities.

The Definition of Marriage vs. De Facto Relationship

In Australia, marriage is a formal and legal union between two people, entered into voluntarily for life. Once married, the law automatically recognizes the relationship, and your marriage certificate is proof of that.

A de facto relationship is when two people live together and share a domestic life, but are not married or related. Unlike marriage, a de facto relationship doesn’t have the same official recognition, which can make legal matters more complicated.

Proving a Marriage vs. Proving a De Facto Relationship

Proving you are married is relatively straightforward—simply present your marriage certificate. However, proving that you are in a de facto relationship is more complicated. To make financial claims after the breakdown of a de facto relationship, you must demonstrate that you and your partner lived together or maintained a domestic relationship for a minimum of two years.

Evidence to support the existence of a de facto relationship can include:

• Joint property ownership or lease agreements
• Joint bank accounts
• Household bills in both names
• Mail addressed to both parties at the same address

However, you can bypass the two-year rule if:

• You have registered the relationship
• You share a child together
• One partner has made a substantial financial contribution to the relationship

Do De Facto Couples Have the Same Legal Rights as Married Couples?

Under the Family Law Act, de facto couples are afforded the same legal rights as married couples when it comes to property settlements, financial settlements, and spousal maintenance, regardless of whether the relationship is heterosexual or same-sex. However, it's important to note that some couples may still have rights under older state-based de facto relationship laws if they separated before the Commonwealth took over jurisdiction under the Family Law Act.

If you’re unsure about your rights, it’s always a good idea to consult with an experienced family lawyer.

Marriage vs. De Facto Relationship: What to Consider

Marriage is indisputable. Once you’ve had a valid marriage ceremony, the law immediately recognizes your union. This can provide significant legal advantages:

• Power of Attorney: If your spouse becomes incapacitated, you may more easily be granted Power of Attorney over their finances and legal affairs.
• Inheritance: If your spouse passes away without a will, you may automatically be entitled to part or all of their estate.

In a de facto relationship, these legal benefits may not automatically apply. For example, if your partner dies without a will, you may not be entitled to their estate unless you’ve taken specific steps to establish your legal standing.

How to Protect Yourself in a De Facto Relationship

If you choose not to marry, there are several steps you can take to protect yourself legally in a de facto relationship:

1. Register the Relationship: This can make your relationship legally recognized and can help secure many of the same rights as a married couple.
2. Draw Up a Financial Agreement: A financial agreement outlines how property and finances will be handled in the event of a separation.
3. Include Each Other in Estate Planning: Have a will that specifies how your estates will be administered and distributed, and nominate each other as beneficiaries for superannuation funds, life insurance, and other investments.

Conclusion

Whether you are in a marriage or a de facto relationship, the law recognizes both types of unions, but they come with distinct legal definitions and requirements. While the legal rights for de facto couples have been aligned with those of married couples in many areas, the process of proving the relationship and securing legal benefits can be more complex.

At Bansal Lawyers, we are here to assist you in understanding and managing the complexities of family law, whether you are married, in a de facto relationship, or considering a separation. If you’re unsure about your rights or need assistance with a financial agreement, property settlement, or other family law matters, don’t hesitate to reach out to us for expert advice and representation.

Contact Bansal Lawyers today to discuss your situation and ensure you have the right legal protection for your relationship.