Is a de facto partner treated the same way as a spouse for family provision?

• Yes. De facto partners are treated the same way as a spouse for the purpose of a family provision claim.
• However the relevant legislation in your state or territory should be checked to ensure that the relationship in question actually qualifies as a ‘de facto relationship.’
• The court may consider a range of factors such as:
  • the relationship’s duration;
  • the nature and extent of the relationship;
  • financial dependence;
  • property ownership; and
  • mutual commitment.
• You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.