In Australia, a de facto relationship is recognised in both migration law and family law, but the definition and requirements vary depending on the legal context. Whether you’re applying for a partner visa or navigating a relationship breakdown, it’s important to understand how each area of law treats de facto relationships.

Let’s break it down.

De Facto Relationships in Migration Law

Under the Migration Act 1958, de facto relationships are assessed for visa applications, including the Partner visa (subclass 820/801 or 309/100). To qualify, couples must demonstrate a genuine, ongoing relationship and meet certain criteria:

  • Duration: Usually at least 12 months of living together, unless compelling reasons apply (e.g. shared children).
  • Living Arrangements: The couple must live together in a committed, domestic setting.
  • Mutual Commitment: Evidence of shared life and exclusivity.
  • Financial and Social Evidence: Proof of financial interdependence and social recognition (e.g. joint bills, shared responsibilities, acknowledgment by family and friends).

Migration law focuses on proving the relationship is real and that the couple intends to live together permanently.

De Facto Relationships in Family Law

In contrast, the Family Law Act 1975 defines a de facto relationship for matters like property settlement, spousal maintenance, and parenting arrangements.

Key considerations include:

  • Duration: Typically 2 years, unless there is a child of the relationship or significant financial contributions.
  • Living Together: Ongoing cohabitation in a domestic setting.
  • Financial Dependence: Shared finances and responsibilities.
  • Recognition by Others: How the relationship is viewed socially.
  • Children: Having children together can qualify a couple as de facto, even if the relationship is under two years.

Family law focuses on what happens after a relationship ends, ensuring a fair division of assets and responsibilities.

Key Differences at a Glance

Aspect Migration Law Family Law
Purpose Visa eligibility Relationship breakdown outcomes
Minimum Duration 12 months (exceptions apply) 2 years (with exceptions)
Focus Proving a genuine relationship Fair settlement and parenting outcomes
Evidence Required Domestic life, commitment, social/family acknowledgment Financial, domestic, emotional, and social ties

 

Understanding the distinction between these definitions is crucial if you’re applying for a partner visa or seeking advice following a relationship breakdown. Each framework has its own legal threshold and required evidence.

At Reid Legal, we advise clients in both family law and migration matters. Whether you’re planning a future together or navigating a separation, we’re here to help.

Contact us today to speak with our team of experienced lawyers.