Family Law FAQs

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How can a person apply for orders or declarations in relation to de facto relationships?

Section 90SB of the Family Law Act 1975 (Cth) (the Act) sets out when a court can make an order or declaration in relation to a de facto relationship if it is satisfied:

·         the total period of the de facto relationship is at least two years; or

·         there is a child of the de facto relationship; or

·         that one party has made a substantial contribution to the de facto relationship and a failure to make the order or declaration would result in a serious injustice; or

·         the relationship is or was registered under a prescribed State or Territory law.

Additionally, s 90SK of the Act sets out the geographical requirements to be met in order for a declaration or an order to be made, and the court must be satisfied:

• that either or both of the parties to the de facto relationship had ordinarily resided in the participating jurisdiction when the application for the declaration or order was made, and
• either;
• both parties to the de facto relationship resided in the relevant jurisdiction for at least a third of the de facto relationship; or
• the party applying for the declaration or order made substantial contributions in relation to the family or property in the relevant jurisdiction.