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.