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De Facto Relationships

What is a de facto relationship?

In Western Australia, a de facto relationship is when two people (regardless of whether they are heterosexual or same sex) live together in a marriage like relationship. 

When deciding whether a relationship is “marriage like”, the Court looks at a number of indicators including the length of the relationship, degree of mutual commitment to a shared life, public perception, sharing of finances etc

While parties have to ‘live together’ to be in a de facto relationship, a couple does not need to be residing together on a full time basis.  Each case is assessed by the Court on its own merits, and the nature and extent of the common residence will often be an important factor.

When does a de facto partner have rights to claim for property settlement and/or de facto spouse maintenance ?

A de facto partner may have a claim in the Family Court if one of the following apply:

• Their has been a de facto relationship of at least two years;

• There has been a de facto relationship of less than two years but either:

  • There is a child of the relationship; or

  • A party has made substantial contributions; and declining to make an order would lead to a serious injustice.