Private Law Theory

ABSTRACT
In Australia, all de facto relationships lasting more than two years, or where there is a child born to the relationship, are treated as if they are marriages for the purposes of property division. This article critiques this, arguing that there is a lot of uncertainty about how frequently couples need to be together in the same home to be treated as in a de facto relationship. There is also uncertainty about when it begins and ends. Australian law does not respect people’s choices not to marry, although it does allow for people to make binding agreements to opt out of the property division regime.

Parkinson, Patrick, hen All Roads Lead To Rome: The Problem of Treating De Facto Relationships as Marriages in Australia (July 1, 2021).