The difference between marriage and a de facto relationship
While some people don’t feel as though they want to get married, they may not realise that they are already in fact in a de facto relationship.
It’s not something that you can ‘decide’ on as such; rather it’s a combination of factors that combine to make your status officially change from single to de facto.
And with that comes all of the regulations that apply to a marriage. That’s right, even if you don’t have the piece of paper; you are still legally bound together.
A de facto relationship is defined as two people of any gender who are in a relationship, living together as a couple in a genuine domestic basis.
There is no time restriction to the classification, meaning that if you are living together in a ‘marriage-like’ way then you are considered to be de facto from day one.
So what exactly does this mean? Basically it allows a de facto couple to have the same rights as a married couple in terms of property, finances, and children.
A de facto couple that separates will be entitled to the same legal rights as a married couple in terms of division of assets (such as a house, savings or superannuation – even if it is all in one partner’s name), maintenance payments or shared custody of any children from the relationship.
Even if you had made a verbal agreement that you would just walk away with your own assets if you ever split, the law would actually stipulate that this is not legally binding.
Are you living in a de facto relationship? Did you know that you have the same rights as a married couple? We would love to hear your story in the comments.