De Facto Relationships

If your de facto relationship has broken down after 1 March 2009, you can apply to the Family Court or the Federal Circuit Court to have your financial matters determined in the same way as if you were married to your former partner. However, before you can make an application to the Court, you must first satisfy the following four criteria:

1. You were in a genuine de facto relationship with your former partner which has broken down.
2. You meet one of the following four gateway criteria:
   
   • The period of the relationship is at least 2 years; or
   • There is a child of the de facto relationship; or
   • The relationship is or was registered under a prescribed law of a State or Territory; or
   • At least one party has made significant contributions and the failure to issue an order would result in a serious injustice.
3. You have a geographical connection to a participating jurisdiction.
4. Your relationship broke down after 1 March 2009 (although you may be able to apply to the courts if your relationship broke down prior to the date applicable to your state).