So the first question to consider is whether you live in Western Australia or not?

If you’re not sure whether you’re in a de facto relationship, the legislation defines it like this:

A person is in a de facto relationship with another person if:-

• the persons are not legally married to each other; and
• the persons are not related by family;
• having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

For the purposes of this Act:

• a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same gender; and
• a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.

For a full definition go to Section 4AA of the Family Law Act, or section 13A of the Interpretation Act, 1984 WA if you are in Western Australia.