Fundamental differences at law in between Married v De Facto

Fundamental differences at law in between Married v De Facto

Fundamental differences at law in between Married v De Facto

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Australia provides a number of visa options for different purposes. With these visa options, it is also possible to bring your partner to Australia. To understand it in a better manner talk to the experts. In this guide, we are going to understand the fundamental differences at law between De facto relationship and married relationship.

Given below are the topmost differences between the Married and De Facto Relationship as shared by our migration agent:

Married De Facto Relationship
Relationship ProofEvidence of marriage is through a marriage certificate. Make sure to apply for the partner visa by taking help from the experts.If the existing de facto relationship has been challenged by one of the people then the proof of de facto relation needs to be given.
Ending the RelationshipBefore, the married couple applies for the divorce they need to be separated. The separation needs to be proven if the reason is a dispute. The application fee is $865 for divorce. The evidence of divorce order will end the marriage.To end the de facto relationship there is no application. The relationship ends when the partner gets separated. If one of the parties challenges the separation, then it should be proven with the case facts. .
Date of cohabitationThe de facto relationship if in existence before the marriage can be challenged by one of the spouses who are in dispute. Still, it needs to be proven and in this case, the only proof is the marriage certificate.If the de facto relationship existence was challenged by one of the parties and they are in a dispute, then there is a need to give the proof based on the facts.
Dividing Property and AssetsOnce the marriage ends with the divorce, the spousal or property maintenance should be filed within one year. But, yes there needs to be an agreement on which the time extension can be made.


Once the de facto relation ends, maintenance, or property proceedings need to be made within the separation of 2 years. No agreement can be made regarding the time extension. The court will determine if there is any issue regarding time.
SuperannuationIf the superannuation member dies, all the health benefits will be given to the spouse. In the marriage, the spouse is included.If the superannuation member dies, the spouse will be given the death benefits. The de facto spouse definition includes spouse but there is the need to give proof about the relationship which can seem difficult.

If you have any doubts regarding the visa type and what needs to be done then consult our team. They will give you detailed information on how to apply for the visa and how the visa application processing will go.

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