Australia
See also: Australian family lawIn Australia the term de facto relationship is often used to refer to relationships between any two persons who are not married but are effectively living in certain domestic circumstances. Since March 1, 2009 de facto relationships have been recognized in the Family Law Act for participating states that conferred their power on de facto couples to the federal jurisdiction. For limitations on recognition of de facto couples outside of Australia see Section 51(xxxvii) of the Australian Constitution. For states that have not conferred their power over de facto couples the state legislation is still valid. The legal term for such relationships varies by state and territory (however common law marriage is not used anywhere in Australia):
| State | Name | Law |
|---|---|---|
| New South Wales | "Domestic relationship", encompassing "de facto relationships" and "close personal relationships" | Property (Relationships) Act 1984 |
| Victoria | "Domestic relationship", defined to mean "de facto relationships" | Property Law Act 1958 Part IX |
| Queensland | "De facto relationship" | Property Law Act 1974 |
| South Australia | "Close personal relationship" | Domestic Partners Property Act 1996 |
| Western Australia | "De facto relationship" | Family Court Act 1997, Part 5A |
| Tasmania | "Personal relationship", encompassing "significant relationships" and "caring relationships" | Relationships Act 2003 |
| Australian Capital Territory | "Domestic relationship" and "domestic partnership" | Domestic Relationships Act 1994, Legislation Act 2001 s 169 |
| Northern Territory | "De facto relationship" | De Facto Relationships Act 1991 |
Although property aspects of these relationships are dealt with under state law, the law relating to children of such relationships is contained in the federal Family Law Act 1975. Most laws dealing with taxation, social welfare, pensions, etc., treat de facto marriages in the same manner as solemnized marriages.
The Family Law Act states that a de facto relationship can exist between two people of different or the same sex and that a person can be in a de facto relationship even if legally married to another person or in a de facto relationship with someone else. Family property laws however, are excepted from jurisdiction when a person is both married and in a de facto relationship at the same time. This exception is due to federal polygamy laws. Same-sex de facto relationships have been recognized in New South Wales since 1999. There are a number of methods by which these relationships are recognized in Australian law and they include the same entitlements as "Christian" marriage.
The federal Marriage Act 1961 provides for marriage, but does not recognize 'common law marriages'. During the term of the former Howard government, the Parliament of Australia defined marriage as being between a man and a woman. This allowed for the overriding of marriage laws instituted in the Act but did not impinge on the legal standing of de facto relationships.
Read more about this topic: Common-law Marriage, Legislation
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