How can we prove a de facto relationship?

Jun 12, 2024 | AUS | 0 comments

In many aspects of the modern world, people are moving towards fast paced things, constantly avoiding complications and bureaucracy, and relationships aren’t different.

While the wedding may be a dream for some, for others, the aspect of organising a wedding is something that isn’t included in their plans.

A de facto relationship is when you and your partner have a relationship and live together as a couple but are not married. 

But what are the essential elements to properly prove that you and your partner are in a de facto relationship?

For the Department of Home Affairs, there are 3 major aspects that you have to prove to be considered in a de facto relationship:

  • you have a mutual commitment with your de facto partner to the exclusion of all others;
  • your relationship is genuine and continuing;
  • you either live together or don’t live permanently apart;

The best way of demonstrating that your relationship is genuine, continuing and that you are mutually committed to each other, we can consider the following aspects:

Nature of Commitment:

The nature of commitment can be demonstrated through evidence of intentions to make the relationship long term, such as length of time living together, future plans, electing each other as beneficiaries of superannuation and wills. 

Social Matters:

Social matters are related to the couple’s social life and demonstrate that others know about your relationship. This can be proved through joint memberships, social events with friends where the couple is together, travel plans, etc.

Finances:

Demonstrating that you are in a de facto and not simply in a “normal” relationship must involve the financial aspect. This is basically to demonstrate that you and your partner share financial matters. 

This can be shown through joint bank accounts, joint loans, household bills in both names, and every other document of a financial order that shows the support of both partners. 

Household matters:

Household matters are related to how the domestic obligations are shared between you and your partner. 

This can be demonstrated through household bills in both names, description of household chores, documents that prove your living arrangements, etc. 

Every relationship is different and involves particular aspects of the individuals forming the romantic union. If you are not sure whether your relationship fits into the concept of a de facto for visa purposes, it’s always a good idea to consult with your migration agent or immigration lawyer of your trust.