De Facto Relationships

Defacto relationships are a part of the Family Law Act 1975 in Australia determined by several factors or circumstances relating to you and your spouse.

Speak to a Family Lawyer today!

Need help now? Contact us for a complimentary 15-minute consultation with one of our Family Law Experts.

Am I in a De Facto Relationship?

You are considered to be a part of a Defacto relationship if:


  • You and your spouse are not married
  • You are not family-related, and
  • You are a genuine couple living together on an indefinite basis

    De Facto Relationship Entitlements and the Family Law Act

    De Facto Separation Proceedings

    In determining legitimacy of your relationship prior to moving ahead with Defacto separation proceedings, the court may wish to evaluate some or all of the following:


      When you and your partner commenced the relationship


      The nature of the living situation


      The capacity to financially and emotionally support each other


      Whether or not you appear to be a continuing genuine couple


      If there is a sexual relationship


      The reputational aspects of the relationship


      Whether other sexual/non-sexual partners or relationships exist


      Property ownership and how it is utilised within the relationship


      Whether your relationship is legally registered under state legislation in Australia


      If there are dependent children involved

      Although Defacto relationships are not commenced officially through a formality, the status still applies to you and your partner when the abovementioned conditions are met. A court may also consider this criteria and nature in which they apply to support aspects such as Defacto property settlement, child custody and other legal parental and separation matters.

        Things to know

        De Facto Property Settlement

        There are three general methods to manage Defacto property settlement matters, these being a court hearing, financial agreements or through consent orders. 

        We can assist you whether there is a dispute over assets or a whether a simple negotiation or mediation process is required. We understand everybody’s situation is different ensuring we personalise advice and pathways as much as possible.

        Children in De Facto Relationships

        The Family Law Act covers Defacto couples who have dependent children together which are taken to the Federal Magistrates Court and The Family court. In this case, the court will consider the children to be the responsibility of both parents including all parental duties, irrespectively of separation matters or new partnerships.

        What you can expect from us

        Quality legal advice without the hefty fees

        We’re a smaller family law firm with the expertise of a large one meaning you receive the same quality legal advice without the hefty fees, commissions and hourly rates.

        People helping people

        At Minors Family Law, we’re essentially people helping people. When we commit to you as a client, we’re right by your side until your case is finalised and we achieve a result.

        Professional, personalised approach

        Our professionals pride themselves on working in their client’s best interests whilst evaluating and advising them with a more personal and individualistic approach.


        We’ll be working with you to achieve a mutual goal providing you with full transparency and understanding every step of the way – we’ll never ask you to follow through with suggestions that you aren’t 100% comfortable with.


        We like to discuss issues with our clients with an upfront and succinct approach while establishing a plan of resolution. 

        High Success Rate

        We boast a particularly high success rate when it comes to dispute resolution seeing clients in a much more improved position than they were prior to our services. 

        Louise Longhurst
        Louise Longhurst
        Minors Family Law guided an elderly family member through an arduous property settlement. The team acted with professionalism, honesty and integrity throughout. They provided succinct legal advice, executed efficiently, and with calmness and kindness. We recommend unreservedly.
        Neale Kant
        Neale Kant
        Ashleigh has been wonderful throughout a very long and arduous journey. Supported me all the way through with thoughtful and insightful advice. Very caring and extremely hard working. Highly recommend MFL to anyone.
        Oscar Campos
        Oscar Campos
        I have the opportunity to be assisted by both Jacqueline and Ashleigh at Minors Family Law. I am really grateful for their support and services, I can tell that they care for their clients and do the best they can do to advise and come up with plans in the best interest of your kids. Going through court is not an easy process, but if you have the right people by your side it will definitely make a huge difference throughout the process. Thank you again.
        Gareth Williams
        Gareth Williams
        I would highly recommend Minors Family Law to anybody. Jacqueline's profession yet compassionate nature helped me through one of the most difficult times of my life with a minimum of stress and expense. I can't thank her enough for amazing service.
        Kathy Powell
        Kathy Powell
        Jacqueline was brilliant at guiding us through a very difficult and emotionally draining process. Her help, advice and knowledge of the legal and court system was fantastic. I highly recommend Minors Family Law to everyone.
        claire renshaw
        claire renshaw
        I found Jacqueline, to be very professional, honest and proactive in my dealings with her. I would highly recommend Jacqueline to anyone looking to engage a family lawyer.
        F B
        F B
        My family highly recommend Minors Family Law. The firm is our family representative. The principal lawyer, Jacqueline, is highly commendable with her professionalism, her understanding of our needs and most of all her insight for the best interest of children. This firm is insightful, understanding and work well with us. We have our peace of mind for leaving important matter with them.
        Joyce Baillie
        Joyce Baillie
        I would highly recommend Jacqueline and Minors Family Law. Jacqueline had my best interest at heart both in terms of outcome and the challenges that could present. She provided clear and concise advice which was executed promptly and as instructed. I experienced a very calm and considered settlement process which took the stress out of an otherwise very emotionally charged situation. I am incredibly grateful that I engaged Minors Family Law.

        Speak to a De Facto Relationship Lawyer

        Arrange a complimentary 15-minute discovery call and take control of your situation today

        At Minors Family Law, we consider your goals to be ours. We are focussed on delivering compassionate legal services as dedicated professionals providing expert advice towards a better future. Schedule in your initial consultation today and let us start assisting you.

        Suite C1, 15/52 Lyons Road, Drummoyne NSW 2047
        (02) 8591 9702
        Email us >

        ABN: 22 519 334 496