Although de facto couples in Australia enjoy more rights and protections than they did several decades ago, there are still areas of law where de facto relationships are treated differently to married couples. De facto inheritance in Australia is one example of this. Property and assets left by an estate or by an intestacy (a will-less person) to someone who isn’t married or in a registered relationship aren’t automatically included in their estate unless it was specified in the will.
What Is a De Facto Relationship?
In Australia, a de facto relationship means two people who live together and have a sexual relationship. If you are not married or are married but living separately from your spouse, then you are technically in a de facto relationship. This is also known as being single. To prove this type of relationship exists, both parties need to attest that they are not legally married and live together for at least one year. There does not need to be any intention for long-term cohabitation when the couple moves in together, nor does there need to be any intention for commitment beyond their current situation; what's most important is that both parties must know they aren't going anywhere by living with each other. A term that some people may confuse with de facto is common law.
The Importance of Having a Will
Making a will is not just important for those who are married; anyone with property should have one. It is, however, more crucial for people in de facto relationships. This is because de facto couples do not automatically inherit any assets if they are living together when the other dies. Making sure that you know your rights and entitlements as a de facto is an important step towards protecting yourself and your loved ones. A will helps you designate who gets what when you die, providing certainty so that all of your assets go where they belong.
What About Cohabitation Agreements?
A de facto relationship is an informal union, not legally recognised by law. This type of relationship is sometimes not acknowledged by family law, which can make it difficult for couples to access certain rights that may be granted when they are married. There is no de facto inheritance laws on death of one partner; however, if the couple has signed a cohabitation agreement, this agreement will cover the distribution of their property and assets.
The Legal Protection That Survives Death
A de facto relationship is one that is non-marital, or where there is no marriage between the parties. The extent of rights and protections afforded by Australian law vary depending on which area of law you are looking at. One such example is inheritance laws – de facto couples are not entitled to inherit their partner's estate according to federal de facto law. However, there are states and territories that allow for this type of inheritance. In Victoria, for example, spouses who die without leaving wills can choose to bequeath their assets equally amongst all surviving heirs (which would include unmarried cohabitants).
