A person is in a de facto relationship with another person if:

  1. The persons are not legally married to each other; and
  2. The persons are not related by family; and
  3. Having regard to all the circumstances of their relationship, they are a couple living together on a genuine domestic basis.

In addition to proving to the Court that a de facto relationship exists, a person must also satisfy the court of one of the following:

  1. That the period of the relationship is at least two years;
  2. There is a child of the relationship;
  3. The party to the de facto relationship who is applying for an order made substantial contributions to the relationship and a failure to make an order would result in a serious injustice to the application; or
  4. That the relationship was registered under the prescribed law of a State or Territory of Australia.

In addition to the above requirements, there are other factors to consider in an application for consent orders or a binding financial agreement for a de facto couple, as each circumstance will vary.