A de facto or married relationship: when does it matter?

While married and de facto relationships have largely equal standing before the law, there are differences that can prove important. The main difference from a legal perspective is a de facto relationship has to prove the relationship exists beyond producing a marriage certificate.  

Marriage is undeniable and recognised nationally and internationally

In contrast to married couples, de facto relationships are not always recognised in other parts of the world, which can cause difficulties if travelling or moving abroad.

The burden of proof and differing requirements

The validity of a de facto relationship can be determined by its duration. Family law normally requires the relationship to last longer than two years unless the couple have a child together, have registered the relationship, or have made significant contributions.

For Centrelink purposes, the relationship starts when the couple start living together, while under migration law, it can be after 12 months of cohabiting.

With different states, territories and agencies having different requirements, status can be difficult to prove.

When the distinction between married and de facto relationships matters most

The need to prove a relationship can coincide with times of grief and stress:

• If a partner is ill and there is a need to make decisions about their care (assuming no power of attorney);
• When a partner dies, the need to be recognised as a spouse on the death can be important when, for example, claiming superannuation payouts;
• If a partner has died without having prepared a Will.

Contact our Family Lawyers based in Sydney, NSW

Szabo & Associates can help you with whatever your family law matter is. Please contact us on 02 9281 5088 or complete the online contact form.