5 myths about de facto relationships in Australia – Debunked!

Think you know everything about de facto relationships? Think again! There’s a lot of misinformation out there, and believing the wrong thing could leave you in a legal pickle. Whether you’re in a long-term partnership or just curious, it’s essential to separate fact from fiction.

In this post, we’ll bust some of the most common myths and help you understand your rights. And if you ever need expert guidance, de facto lawyers in Melbourne are here to help!

Key takeaways

You don’t always need to live together for two years to be considered de facto.
De facto couples have almost identical property, finances, and parenting rights to married couples.
Superannuation can be split between de facto partners.
A Binding Financial Agreement can help avoid financial disputes.
Sometimes, proving you’re in a de facto relationship is crucial – especially for legal matters.

Myth #1: “You have to live together for two years to be considered de facto”

This is one of the biggest misconceptions. While the two-year rule is often cited, the law considers more than time spent living together. Courts look at a range of factors, including:

Financial interdependence (e.g. joint bank accounts, shared expenses)
Whether you have children together
The nature of your commitment and how you present your relationship socially

So, if you’ve been together for less than two years but meet other criteria, you could still be recognised as a de facto couple under Australian law.

Myth #2: “De facto couples don’t have the same rights as married couples”

Wrong! Under the Family Law Act 1975, de facto couples have virtually the same rights as married couples when it comes to property settlements, spousal maintenance and parenting arrangements.

If a de facto relationship breaks down, partners can apply for a property settlement or even spousal maintenance – just like a married couple. The law treats you almost the same (except you don’t get a wedding cake and fancy honeymoon, unfortunately!).

“In the eyes of the law, a committed de facto relationship isn’t just ‘dating on steroids’ – it comes with real responsibilities.”

Myth #3: “There’s no need for a binding financial agreement”

Many people assume that, because they’re not married, they don’t need to worry about legal agreements. But here’s the thing – without a Binding Financial Agreement (BFA), you may end up in a costly legal battle if the relationship ends.

A BFA allows you to outline how assets and finances will be divided if the relationship breaks down. Think of it as an insurance policy – you hope you’ll never need it, but you’ll be relieved to have it if things go south.

Myth #4: “Superannuation can’t be split between de facto partners”

Yes, it can! Many people assume superannuation is off-limits, but Australian law allows superannuation splitting for de facto couples during a property settlement.

If one partner has significantly more super than the other, a court can order that it be divided fairly. This will not give you instant cash (super remains locked away until retirement), but it will ensure that both partners get a fair share of long-term financial security.

Myth #5: “There’s no need to prove the relationship”

If you ever need to claim Centrelink benefits, apply for a partner visa or settle a legal dispute, you may require proof of your de facto status.

Common ways to prove a de facto relationship:

Joint financial accounts or shared expenses
Property ownership or rental agreements
Evidence of a shared household (bills, post sent to the same address)
Statements from friends, family or employers confirming your relationship
Photos, travel records or messages showing a committed relationship

So, while you don’t need to carry around a scrapbook of your love story, having some evidence on hand can be helpful in legal situations.

Conclusion

De facto relationships in Australia come with legal rights and responsibilities, just like marriage – but the myths surrounding them can cause confusion. Whether you’re already in a de facto relationship or considering the legal implications, having the correct information is crucial.

If you need expert advice on your rights, Testart Family Lawyers can confidently help you navigate your de facto relationship concerns.

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Set up the ultimate multipurpose garden for your family

A multipurpose garden is the best option for a family with mixed interests. It can be difficult when you all want to use the garden for something different. You must either take turns or make a sacrifice. Perhaps one of you wants to grow fruit and vegetables, while the others want a pool to splash around in. You may have thought that you can’t have it all and meet everyone’s needs. However, it is possible if you meticulously design a multipurpose garden. This is designing it in a special way with zones so that you can all have a piece of the garden for your own personal needs.

To help you create a multipurpose garden that the whole family can enjoy, here are some top tips to get started.

#1 Consider everyone’s needs

First and foremost, you need to consider the different reasons that everyone wants to use the garden. This will give you a clearer picture and help you to start creating a plan of action. Hold a family meeting and sit down together to talk about the garden. Some of you might want the same things, while others might want something completely different. It’s important to discuss what it is everyone wants, why they want it and what they need from the garden to be able to achieve that. For example, if you’re growing vegetables, you may need a position with all-day sunlight and good soil. If you have a dog, you will need a fence around the perimeter. Put all the details into a list or spreadsheet.

#2 Look at the size and the layout of the garden

Next, you should look at your garden and assess its condition. Consider its current size and layout. Look at what is already in the garden, for example, structures, shrubs, plants, etc. You may also want to measure the size and shape. A great first task to do with this information is to sketch it out on a big piece of A3 paper. This will not only help you to visualise the garden, but it will also help later down the line when you start mapping out different zones so you can visually see how they can fit together.

#3 Examine the practicalities of the garden

Think about the practicalities of the garden; write these notes on your garden plan. This will include areas that have good soil, sun and shaded spots, plants and shrubs, areas to avoid digging up, drainage points, etc. Your garden is going to need structures like sheds to be able to store gardening tools, materials and other items. This will help you to understand how zones can be created and what areas need to be avoided.

#4 Pull together a plan

Now you’ve gathered a lot of initial information, it’s time to start coming up with ways you can piece it together and make it work – just like a giant jigsaw. Combine what people want from the garden, with all the information that you have gathered. You should be able to see clearly now how you can create zones in your garden to suit everyone’s desires. You can then decide whether you’ll fence these areas off, or just verbally agree to the zones.

This is an excellent way to ensure that everyone can use the garden for what they want, when they want.