Who is de facto in NSW?

From 1 March 2009, parties to an eligible de facto relationship which has broken down can apply to the Family Court or the Federal Circuit Court to have financial matters determined in the same way as married couples.

You must apply for de facto financial orders within two years of the breakdown of your relationship. After this time you need the Court's permission to apply.

Before the Court can determine your financial dispute, you must satisfy the Court of all of the following:

1. you were in a genuine de facto relationship with your former partner which has broken down
2. you meet one of the following four gateway criteria
   1. That the period for the de facto relationship is at least 2 years
   2. That there is a child in the de facto relationship
   3. That the relationship is or was registered under a prescribed law of a State or Territory
   4. When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognized that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice
3. you have a geographical connection to a participating jurisdiction
4. your relationship broke down after 1 March 2009

You should obtain legal advice about whether your circumstances satisfy the criteria before filing an application.

4AA Family law Act  - De facto relationships

Meaning of de facto relationship

(1) A person is in a de facto relationship with another person if:

1. the persons are not legally married to each other; and
2. the persons are not related by family; and
3. having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

Working out if persons have a relationship as a 'couple'

(2) Those circumstances may include any or all of the following:

1. the duration of the relationship;
2. the nature and extent of their common residence;
3. whether a sexual relationship exists;
4. the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
5. the ownership, use and acquisition of their property;
6. the degree of mutual commitment to a shared life;
7. whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
8. the care and support of children; and
9. the reputation and public aspects of the relationship.

NOTE THAT No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship.

Each case is decided on its individual facts.