De facto relationships in Victoria.

A de facto relationship exists where two people, whether same-sex or opposite-sex, have lived together on a genuine domestic basis and are not married or related. There is no registration required for the Family Law Act to apply. The court looks at the reality of the relationship, considering factors such as the duration of the relationship, whether you lived together, financial interdependence, a sexual relationship, care of children, and how you presented publicly as a couple.

Because there is no marriage certificate to point to, the threshold questions in a de facto matter are often what a married couple takes for granted: did a de facto relationship exist at all, and when did it start and end. These questions matter because a de facto property claim generally requires either a relationship of at least two years, a child of the relationship, or a significant contribution by one party, and because the two year time limit for bringing a claim runs from the date of separation.

Once those threshold questions are settled, the property and parenting principles that apply are essentially the same as for married couples: identifying the pool, assessing contributions and future needs, and formalising the outcome by consent orders or a binding financial agreement. As with married couples, the law expects a genuine attempt to resolve those questions by agreement before court.

Registering a relationship with Births, Deaths and Marriages Victoria provides straightforward proof that a de facto relationship exists, though it does not affect its legal rights or obligations, which arise automatically once the relationship meets the statutory definition.