You may have heard this word in casual conversations. Or perhaps, you’ve seen it online. Whether or not you’re familiar with this word, you will definitely come across this when you apply for an Australian visa. Knowing what makes a relationship a de facto relationship is crucial in the decision-making process of your visa application. So without further ado, let’s understand the meaning of a de facto relationship.

A De Facto relationship is what you call couples who are living together on a genuine domestic basis. This definition is from Section 4AA of the Family Law Act 1975 which is applied across Queensland, New South Wales, Victoria, Northern Territory, South Australia, Western Australia, Tasmania, and the Australian Capital Territory. Under Australian law, De Facto relationship is not only for couples of the opposite sex but also to same-sex couples. If you’re already married, then you’re no longer considered as De Facto partners but as a married couple.

Two years is the amount of time The Department of Home Affairs usually considers a relationship to be a de facto relationship. However, because the definition of de facto is based on a case by case basis which they take into consideration each particular circumstances of a couple, and it’s not always a black and white area, therefore, exceptions are made to this rule. The law has formulated a set of factors to determine whether or not a couple is genuinely in a de facto relationship.

The factors include:

• Whether the couple are going to get married;
• How long the couple have been together in their relationship;
• Whether the relationship was sexual in nature;
• Financial dependency;
• The degree of a mutual commitment to a shared life;
• Whether the relationship is registered in an Australian state or territory;
• Property ownership and use;
• Care and support of children;
• The public aspects of the relationship, such as reputation.

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