Interdependent Relationship vs. De Facto Relationship: Understanding the Difference in Australian Family Law
When it comes to relationships outside of marriage, Australian law recognises several categories—most notably, de facto and interdependent relationships. Although these terms are sometimes used interchangeably in everyday conversation, they have distinct meanings and legal implications. Understanding these differences is important for anyone navigating relationship rights, property division, or government entitlements.
What Is a De Facto Relationship?
A de facto relationship is a legally recognised partnership between two people who are not married but live together on a genuine domestic basis, sharing their lives as a couple.
Key features of a de facto relationship include:
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Not legally married: Both parties must not be married to each other.
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Not related by family: The relationship cannot be between close relatives.
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Living together: The parties must live together as a couple.
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Genuine domestic basis: The relationship should involve shared finances, emotional support, and a commitment to a shared life—not just housemates.
Additional factors considered by courts include:
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Duration: The relationship must generally have lasted for at least two years, unless there is a child or significant contributions have been made.
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Financial interdependence: Evidence of shared finances or financial support.
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Commitment: A mutual commitment to a shared life.
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Public reputation: How the relationship is viewed by friends, family, and the community.
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Care and support of children: If there are children, their care and support are considered.
De facto partners are entitled to many of the same legal rights as married couples, including property settlement, spousal maintenance, and inheritance rights if one partner dies without a will.
What Is an Interdependent Relationship?
An interdependent relationship is a close personal relationship between two people who are mutually reliant, but it does not meet the legal criteria for a de facto relationship. This type of relationship is often considered in specific legal contexts such as superannuation, tax, and some government benefits.
Key features of an interdependent relationship include:
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Close personal relationship: The parties share a significant emotional bond.
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Living together: They usually live together, but exceptions may apply if disability or other circumstances prevent cohabitation.
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Financial support: One or both provide financial support to the other.
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Domestic support and personal care: One or both provide domestic support and personal care, such as during illness or emotional distress.
Factors considered to determine an interdependent relationship:
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Duration of the relationship
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Property ownership and use
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Degree of commitment to a shared life
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Public aspects and reputation of the relationship
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Level of emotional support
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Evidence of permanence or convenience
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Care provided during illness or hardship
Interdependent relationships may exist between people who are not romantic partners, such as close friends or relatives, as long as the above criteria are met.
Key Differences Between De Facto and Interdependent Relationships
|
Feature |
De Facto Relationship |
Interdependent Relationship |
|---|---|---|
|
Legal Recognition |
Recognised under family law |
Not formally defined in family law |
|
Relationship Type |
Couple living together as partners |
Close personal relationship, not necessarily romantic |
|
Duration Requirement |
Usually at least 2 years (unless child or significant contribution) |
No strict duration, but length is considered |
|
Legal Rights |
Similar to married couples (property, maintenance, inheritance) |
Fewer automatic rights; mainly relevant for superannuation, tax, and some benefits |
|
Dissolution Process |
Can require court intervention for property, maintenance, or parenting |
No formal process; usually resolved by mutual agreement |
|
Example Contexts |
Family law, property division, parenting |
Superannuation, tax, immigration, some government benefits |
Legal Rights and Benefits
De Facto Partners:
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Property Settlement: Eligible to apply for property division and spousal maintenance through the courts.
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Parenting Arrangements: Courts can make decisions about children from the relationship, similar to married couples.
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Inheritance: Entitled to inheritance rights if a partner dies without a will.
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Government Benefits: Eligible for the same tax benefits and entitlements as married couples.
Interdependent Partners:
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Superannuation and Tax: May be eligible for superannuation death benefits and certain tax concessions.
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Government Benefits: Eligible for some government payments or immigration considerations if they can demonstrate commitment and mutual reliance.
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No Automatic Family Law Rights: Generally do not have the same property or maintenance rights as de facto partners.
Dissolving the Relationship
De Facto Relationships:
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Formal Process: If there are disputes over property, maintenance, or parenting, either party can apply to the Federal Circuit and Family Court of Australia for orders.
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Time Limits: Applications for property settlement must generally be made within two years of separation.
Interdependent Relationships:
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No Formal Process: As these relationships are not formally recognised under family law, there are no specific legal requirements for dissolution.
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Informal Resolution: The parties can end the relationship by mutual agreement and resolve any shared responsibilities or assets informally.
While de facto and interdependent relationships both involve close personal and financial connections, they are treated differently under Australian law. De facto partners enjoy a wide range of legal rights similar to married couples, including property settlement and parenting orders. Interdependent partners, on the other hand, have more limited rights, primarily in the context of superannuation, tax, and some government benefits.
Understanding these distinctions is essential for anyone navigating the complexities of family law or seeking to protect their rights in a relationship outside of marriage.
Published by: Divorce Resource
This article contains general information only. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full Divorce Resource.com.au Disclaimer here
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