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Are We De Facto? What It Could Mean for Property, Proof, Time Limits & Your Potential Rights in Australia

The Divorce Course Podcast

Release Date: 12/31/2025

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More Episodes

🎧 Listen to this episode if…

  • You’re unsure whether your relationship legally counts as de facto

  • Your ex is denying the relationship, the dates, or the level of commitment

  • You want to know how de facto status impacts property settlement

  • You’ve heard about the 2-year rule and want to know if it applies to you

  • You’re wondering if having kids changes your legal rights

  • You’re not married, but financially tangled, and don’t know where you stand

  • You’re trying to prove you were (or weren’t) de facto

  • You were “separated under one roof” and need clarity

  • You’re with someone who’s still married but claim they’re de facto with you

Episode Summary

What exactly does it mean to be de facto in Australia? And why does it matter so much when you separate?
In this episode, Mum and I unpack de facto relationships in family law in Australia what counts, what doesn’t, and what the court actually looks at when deciding whether a de facto relationship existed.

We break down the difference between being married and being de facto, the rules around the two-year relationship requirement, how children change everything, and what happens with short vs long relationships.

We also talk through what happens when one person denies the relationship ever existed, how to prove your timeline, and the evidence the court takes most seriously from finances to living arrangements to social media and everything in between.

If you’ve ever thought “Are we de facto? Does this count? What does this mean for my rights?” this episode will give you clarity, confidence and the facts that might help you in your situation.

📌 This is general information only. Always seek your own legal support for your exact situation.

 

⏱️ Episode Timeline

00:00 – What Is a De Facto Relationship in Australia?
A clear explanation of the legal meaning of “de facto” and why it matters.

00:28 – Understanding the Term ‘De Facto’ Under the Family Law Act
Breaking down the true definition and what “genuine domestic relationship” actually means.

01:16 – Why De Facto Status Matters for Property and Parenting
How your relationship status affects your rights in separation.

01:47 – How to Prove You’re in a De Facto Relationship
Evidence, timelines, documents and what the courts look for.

03:50 – Common Myths About De Facto Relationships (Debunked)
Misunderstandings about living together, bank accounts, and “we’re not married so it doesn’t count.”

06:46 – Short vs Long De Facto Relationships: What’s the Difference?
How the length of the relationship can influence property outcomes.

17:45 – How Having Children Impacts De Facto Separation
Why children change eligibility, contributions, and financial outcomes.

19:16 – Contributions in De Facto Relationships Explained
Financial, non-financial, homemaking and parenting contributions — what the court considers.

19:49 – Proving a De Facto Relationship: Evidence That Helps
Photos, messages, leases, documents and everyday interactions that build your case.

21:44 – What Evidence Can Be Used to Show a De Facto Relationship?
From moving-day photos to shared responsibilities — what actually matters.

24:11 – Mediation Options When Your Ex Denies the Relationship
How mediation and disclosure work when one person disputes being de facto.

26:55 – Can You Be Married and De Facto at the Same Time?
How overlap occurs with affairs, breakups under one roof and blurred timelines.

33:31 – Clarifying the Rules Between Marriage vs De Facto
How the law treats both pathways similarly for financial and parenting matters.

34:39 – Final Thoughts: Understanding Your Status and Next Steps
Key takeaways on proving de facto status and protecting your future.

 

🔗 Links & Resources

“Before You Go” Checklist –

thedivorcecourse.com.au

Episodes Mentioned

Separated Under one Roof Episode 

https://youtu.be/er5qlClqOGs?si=o6f2apVsjWNHE_ID

Beyond the Split Understanding Separation Dates 

https://youtu.be/HDL4mhO94TY?si=1aUlslHr4xGqL_dN

Future Needs 

https://youtu.be/_-5JlRLCNxY?si=YQKBsqG2cCAEVNqs

Cheating and Dating during Divorce 

https://youtu.be/kBOV2sRtq7E?si=SlAgBVMkwf-LoaMU

 

 

🚨 Support Services (Australia)

  • 1800 RESPECT – 1800 737 732

  • Lifeline – 13 11 14

 

📌 Legal Disclaimer:

This episode is for education only and not legal advice. Please seek your own legal support based on your circumstances.

 

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