How Family Lawyers Help You Fight Against De Facto Violence?

March 11, 2022    Familylawyers
How Family Lawyers Help You Fight Against De Facto Violence?

A de facto is a relationship in which a couple lives together but is not married. This definition holds for entire Australia including the regions like South Australia, Western Australia, Queensland, New South Wales, Northern Territory, Tasmania, Victoria, and the Australian Capital Territory.

The couples who are same-sex or opposite-sex can be part of a de facto relationship definition under Australian law. A couple that is married or is related by family, is not part of a de facto relationship. However, married people can be considered in a de facto relationship with another person with whom they are not married.

De Facto Relationship Highlights

Before knowing the details on De facto violence, it is important to understand all about De facto relationships.

  • A couple is considered a de facto partner if they have lived together for at least two years without separating. So, we can say that the duration to be considered de facto is two years.
  • However, if there are children involved in this, there can be exceptions to this rule.
  • De facto relationships come under the Family Law Act 1975.
  • If there are disputes regarding property settlement rights, child maintenance, separation laws, etc., they will be dealt with by the Family Law Act 1975.
  • De facto relationships in Western Australia are under the Family Law Act 1997 WA.
  • Sometimes, a person is considered to be in more than one de facto relationship at a time. As per the Family Law Act 1975, a person can be in a de facto relationship if they are in another de facto relationship as well. So, a de facto relationship need not be mutually exclusive.

Are You In A De Facto Relationship?

The definition of de facto will depend on the circumstances of a couple. As per the law, certain factors determine whether the couple is in de facto or not. The factors that the law considers while judging whether a couple is in a de facto relationship or not include:

  • Whether the couple is married
  • How long have been the couple stayed together in the relationship
  • Whether the relationship had a sexual relationship
  • What is the financial dependency status of the couple
  • Level of mutual commitment in having a shared life
  • If their relationship is registered in an Australian state or territory
  • Whether thy own property and use it
  • Whether they are supporting and rearing the children
  • What is the public aspect or relationship reputation?

A de facto relationship is quite subjective that details many things. Every case is different and hence, judged individually. The court takes specific circumstances of the relationship into account.

How To Register A De Facto Relationship?

You can register a de facto relationship through the state’s Registry of Births, Deaths, and Marriages. You will get a certificate. This certificate is proof of the de facto relationship and the duration of being together.
A registered relationship may detail rights for property division.

A De Facto Relationship Seperation

Most de facto separation happen without a hassle. However, in some cases, there are disputes regarding the property and children.

If there is a breakdown of a de facto relationship, these are the common ways to sort the property dispute:

  • They can have a mutual agreement without involving the court
  • The agreement is formalized by the court
  • The couple applies to the court for orders.

The court may order a split of =superannuation. The court evaluates the types of contributions both financial and non-financial made by the person and future needs.

De Facto Violence

The Australian Government is firm that violence is unacceptable in any relationship and cannot be tolerated. The Australian Government is committed to taking strong action to prevent violence and abuse. They strive to improve the protections through the family law system for those who are affected by violence.

So, what happens when the parties have been living together for more than two years and one party alleges that he/she is going through domestic violence?

The de-facto partner will have to submit evidence that the de-facto other party has been threatening the former.
The court believes that the perpetration of domestic violence is antithetical to the element of mutuality. It is not accepted. Family violence is always extremely important and relevant circumstances in the de facto relationship. The court reviews all of the circumstances of the relationship and takes the decision.

A de facto relationship is terminable at any time, provided the Court has sufficient evidence to cease the de facto relationship as a result of severe domestic violence and sexual assaults.

So, if the family violence has been causing you physical, emotional, psychological, and financial abuse, then have a consultation with the family lawyers Perth WA.


If you have been witnessing violence in your de facto relationship, you need to consult Family Lawyer Perth experts. They will help you with domestic and family violence, family law, child protection law, and other services. You will be able to learn about your legal rights too.

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