Getting In and Out of a De Facto Relationship

This month, Ben and Heather delved into the topic of de facto relationships, answering the following questions:What is a de facto relationship?How long do you have to live together to be in a de facto relationship?How does the law decide when the de facto relationship starts and ends?What does the Court consider when deciding if a de facto relationship exists?Is it possible to be in a de facto relationship and not be living together?Is it possible to be in a de facto relationship while married to someone else?Do you need to register a de facto relationship?Is a de facto relationship any different to a marriage under the law?Does the law treat a same sex de facto relationship any differently than a heterosexual de facto?Does the law treat property disputes any differently for a de facto relationship versus a marriage?Does the law treat children's matters any differently for a de facto relationship versus a marriage?Can I apply for spousal maintenance after a de facto relationship?Should I get a pre-nup or financial agreement before entering a de facto relationship?Episode note (important): This episode was recorded before changes to property settlement provisions commenced on 10 June 2025. The way the Court determines a just and equitable outcome in property matters has been updated since this recording, so some legal references in this episode may now be out of date. Please seek current legal advice and refer to the Federal Circuit and Family Court of Australia and Attorney-General’s Department resources for the latest information.