Every relationship that occurs in modern society lacks the proper phrases in the English language. The phrases “husband,” “wife,” and “marriage” appear straightforward, yet for years, our language has struggled to coin a term that appropriately describes the people involved in a de facto relationship.

The law has developed indicators of whether parties are in a “relationship” or a de facto connection. The following are key indicators of a de facto relationship:

• You are not married.
• You are not related through family.
• Considering all the circumstances of their partnership, you have a relationship as a couple ‘living together on a true domestic basis’.

It’s also important to understand that you might be in a de facto relationship even if one of the parties is either:

• legally wed to another individual; or
• in a different de facto partnership.

So a person can be in two relationships at the same time.

The law then looks at the possible circumstances of the ties, which include:

1. time frame;
2. the character and size of their shared home;
3. if a sexual relationship exists;
4. whether there were agreements for financial support, interdependence, or financial reliance;
5. the possession, application, and purchase of their property;
6. the extent of both parties’ dedication to a common existence;
7. whether your connection was registered in accordance with the different State or Territory legislation;
8. assistance and care for children; and
9. the relationship’s public image and repute.

The law also clearly states that not all of these instances must be checked off a list or given equal weight. For example, a couple may be too old, unwell, or crippled to have sexual relations. Without any of the other conditions, couples can “date” or “go out” for years without considering themselves to be in a de facto relationship.

There are classic stories about a traveling salesman who had one family in Sydney and another in Perth who kept everything between them private, which pertain to the relationship’s public aspects and reputation. Even if a significant chunk of each relationship was kept hidden from the public, he would be deemed to have a de facto link to each of them.