Under the Australian Family Law Act, couples in a de facto relationship are treated similarly to married couples. But what are their legal rights and obligations in case of separation, and what are the benefits and criteria for establishing a de facto status in the first place?
Key Points
- The criteria for a court determination on a de facto relationship, if not registered, are not identical for all cases, with assessments based on individual circumstances.
- The de facto institution safeguards the rights of non-married couples, including in post-separation matters or claims arising from a partner’s death.
- Mediation is an alternative to court for resolving disputes after the breakdown of a de facto relationship.
In Australia, when two people live together as a couple, their relationship can still be recognised by law, even if they are not married.
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