What’s the Difference Between a De Facto Relationship and Marriage?
Australian society has undergone significant change in many ways in recent decades. Not only do we look a lot more diverse than we once did, our definition of what constitutes a family is very different to what we once understood by that term. That change includes the rise of de facto relationships in preference to marriage. According to the 2016 Census, one in six Australians aged 15 or over now lives in a de facto relationship. The significance of this change has been incrementally reflected in the law. But for some relatively minor differences, the rights and obligations of people in de facto relationships – whether man and woman, or same sex – are nowadays all but the same as married couples. How are de facto couples recognised at law? A de facto relationship is defined under section 44A of the Family Law Act 1975 as a relationship between two people, including same sex people, who are not otherwise legally married or related by family and with regard to all the circumstances...