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Is a de facto relationship the same as a marriage?

In some areas of law, the Family Relationships Act 1975 definition does not apply and a relationship of any length will be recognised. In these cases, a de facto relationship is treated as a marriage. A de facto relationship is treated as a marriage for:

  • Legal Aid
  • pensions and benefits
  • getting a restraining order against a violent partner
  • court orders for care of children
  • child support
  • income tax deductions
  • adoption (both married and de facto partners must have been together for 5 years to be eligible to adopt).

In other areas of law, only de facto partners who come under the definition of a 'domestic partner' are entitled to the same rights as married persons. This is so where:

  • one partner dies without a will
  • there are compensation or superannuation claims arising from the death of a partner
  • a partner is ill and needs someone to make medical decisions for them
  • organ donation has been requested
  • stamp duty would otherwise be payable on certain transfers.

De facto relationships are treated differently from legal marriages when there are disputes over property.

De facto relationships are also treated differently from legal marriages in relation to reproductive technology. In order to be eligible for artificial fertilisation procedures, opposite-sex partners must have been cohabiting as husband and wife continuously for five years, or, during the immediately preceding six years, for periods aggregating at least five years.

Is a de facto relationship the same as a marriage?  :  Last Revised: Fri May 25th 2007




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