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A de facto relationship is defined in the Family Law Act to mean:

  • A relationship in which persons are not legally married to each other
  • A relationship in which persons are not related as family members
  • A relationship in which persons live together on a genuine domestic basis

Your relationship will not be recognised as a genuine de facto relationship if you are legally married to each other. The law does however recognise that persons living together in a same sex relationship will be considered as de facto partners.