In New South Wales, the law regarding defacto relationships is largely governed by the PROPERTY (RELATIONSHIPS) ACT 1984. Section 4 of this act defines a defact relationship based on factors such as the duration of the relationship, the nature and extent of common residence, whether or not a sexual relationship exists, the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties, the ownership, use and acquisition of property, the degree of mutual commitment to a shared life, the care and support of children, the performance of household duties and the reputation and public aspects of the relationship.

Under this piece of legislation, people can enter into domestic relationship agreements which can be used to bind the parties in relation to alterations to property interests which courts may later make as a result of a finding under this piece of legislation. At the Federal level, there is a slightly different definition of a defacto relationship. It is defined under the FAMILY LAW ACT 1975 – SECT 4AA and similar factors are considered such as the duration of the relationship, the nature and extent of their common residence, whether a sexual relationship exists, the degree of financial dependence or interdependence, and any arrangements for financial support, the ownership, use and acquisition of their property, the degree of mutual commitment to a shared life, whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship, the care and support of children and the reputation and public aspects of the relationship. The definition used in federal law is obviosuly very similar and it is likely that if you are in defacto relationship under one set of laws, you are in a defacto relationship under the other set of laws. This can have a significant impact on the way that you arrange your legal affairs at the end of a defacto relationship because it is usally necessary to state in a binging financial agreement that the relationship if considered to have ended under both sets of laws. If you have any questions in relation to Defacto and Divorce law in New South Wales or at a Federal level, we have expert family lawyers available who can assist you with advice and information about these matters.