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.
