Is a De Facto Relationship Legally Recognised in South Australia?

Yes. De facto relationships are recognised under both federal and South Australian law. This means de facto partners can access the Family Court for matters such as property settlement, parenting disputes, and spousal maintenance, just like married couples.

How Long do you Have to Live Together to be Considered De Facto?

Generally, a De Facto relationship must have existed for at least two years. However, exceptions apply where:

• The couple has a child together
• One partner made significant contributions (financial or otherwise)
• The relationship was registered as a domestic partnership in South Australia

What Happens When a De Facto Couple Separates?

When a De Facto relationship ends, either partner may apply for a De Facto property settlement under the Family Law Act. The court will consider:

• Contributions made during the relationship
• The future needs of each party
• Whether a property adjustment is fair and equitable

Time limits apply, you must apply for property settlement or spousal maintenance within two years of de facto separation.

Can a De Facto Partner Claim Spousal Maintenance?

Yes. A former de facto partner may be eligible for spousal maintenance if they are unable to financially support themselves and the other partner has the capacity to provide support.

Can we Register our De Facto Relationship in South Australia?

Yes. Couples can choose to register a domestic partnership through Births, Deaths and Marriages SA. While registration isn’t mandatory, it can serve as formal evidence of the relationship in legal matters.