Australian De Facto Relationships In A Nutshell

Jenni_iRemit · August 2016

With the no-cost accessibility to the vast information in the Web, ignorance is not a valid excuse. It is important to familiarize yourself about your rights and legal options when committed to an Australian.

If you are in an unmarried relationship with an Australian and have been together on a genuine domestic basis for at least two years then, you are qualified for the “de facto relationship” as defined by the Family Law Act 1975. You are not in a de facto relationship if you are legally married or if you are related by family.

Interestingly, de facto relationships is not limited to opposite sex relationships. It can also exist in the form of same sex or multiple partners. You read that right!

A person can engage in multiple de facto relationships or be in a de facto relationship while married with somebody else. As a Filipino immigrant, it can be tricky if your partner is involved with somebody else while in a de facto relationship with you. Hence, you must consider to take legal matters into your own hands.

Start by knowing these basic information:

Visa Requirements

Being away from the person or persons you love is an unpleasant and often stressful ordeal that many Filipinos have to face. Once you decided to leave Philippines and be with your Australian lover for good, you can consider to apply for an Australian Partner Visa. The Australian Partner Visa applies for either the spouse or the de facto partner.

You and your partner must have lived together for at least 12 months prior to your visa application under the de facto clause. Applying for this visa within or outside Australia is certainly possible!

As a friendly reminder, the authenticity of your relationship will be measured based on several factors. This is why you must equip yourselves with financial evidence supporting your claims, social evidence supporting your relationship, and general evidence detailing the duration of your relationship.

Dissolution of Relationships

If your de facto relationship takes a turn for the worse, you may settle your financial disputes at the Family Court or the Federal Circuit Court. To get the Court’s permission, you must satisfy all of the following points:

(a) your genuine de facto relationship with your former partner has broken down,
(b) you have a locational connection to a participating jurisdiction,
(c) your relationship broke down after March 2009 or after July 2010,
(d) and 1 of these 4 specifiers applies to you – the period of the de facto relationship is at least 2 years, your relationship involves a child, your relationship is registered under a prescribed law, or your relationship consists of significant contributions to property or custodial agreements.

Since the Court can make some exemptions depending on your personal circumstance, it is recommended to obtain legal advice before filing for an application.

Let me close this post with an entertaining and short video summary of the De Facto Relationships:

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Jane30 · December 2016

Hi Everyone in here,
Ask ko lng po if I'm still allowed to apply for another temporary visa even we are applied for migrant sponsor by partner? Please help

Jenni_iRemit · December 2016

@Jane30 What kind of temporary visa are you planning to apply?

Phil_Sing_Au · March 2017

Hi po...i am a PR here po and wanting to bring my family. Ano visa pede para makuha ko na sila dito. May nabasa ako dun sa Temporary Visa para sa spouse pano po ba application dun either onshore or offshore po?

Masc15 · July 2019

Hi😊 ask ko lng po if need ko pa po ba kumuha ng community tax certificate or cedula at barangay clearance to apply the certificate of no impediment/legal capacity to marry here in Philippines Australian embassy? Plan po namin ng boyfriend ko na dito mag pakasal, need help po about the requirements.