De Facto Relationship Matters – Sydney De Facto Lawyers

Living in separate households does not automatically mean you are not in a de facto relationship. Under Section 4AA of the Family Law Act 1975, the key question is whether you have a relationship as a couple living together on a genuine domestic basis, considering all the circumstances.

The law recognises that modern relationships can involve periods of living apart due to work, family responsibilities, or personal choice. Courts will look beyond physical cohabitation and assess factors such as: 

• Duration of the relationship;

• The nature and extent of any common residence (even if intermittent);

• Financial interdependence, including shared expenses or joint accounts;

• Ownership and use of property;

• The degree of mutual commitment to a shared life;

• Care and support of children;

• The public aspects of the relationship (e.g., whether you present as a couple socially).

A de facto relationship can exist even if partners maintain separate residences, provided the overall evidence shows a genuine domestic partnership. As each case differs, it is important to engage a family law expert to provide accurate advice for you to gain clarity on your next steps.

Yes, an on-and-off relationship can still qualify as a de facto relationship under Section 4AA of the Family Law Act 1975, provided the overall circumstances show that you were living together on a genuine domestic basis.

The Court does not require continuous cohabitation. Instead, it considers the totality of the relationship and overall pattern and substance of the relationship, not just whether it was continuous.

Yes, but only in specific circumstances. Under Section 90SB of the Family Law Act 1975, the Court generally requires a de facto relationship to have lasted at least two years before it can make property adjustment or maintenance orders. However, there are important exceptions where you can still make a claim if:

• There is a child of the de facto relationship (as defined in Section 90RB and Section 60H of the Act);

• The relationship is registered under a prescribed State or Territory law; or

• The party seeking the order made substantial contributions (financial, non-financial, or to the welfare of the family), and serious injustice would result if an order is not made.

The date of separation is critical because it determines the two-year time limit for de facto property settlement and maintenance applications under the Family Law Act 1975. If the date is disputed, the Court will examine all the circumstances to decide when the relationship ended.

Separation occurs when at least one party forms the intention to permanently end the relationship, acts on that intention, and communicates it—either through words or conduct. It is more than simply living apart; the Court looks for evidence that the relationship had irretrievably broken down. Find more information about separation here.