What is a de facto marriage?
The meaning and effect of de facto marriage
- A de facto marriage is a continuation of married life that meets the substantive requirements of marriage, such as the meeting of the minds to marry, marriageable age, nonincestuous relations, and nonbigamy, but does not fulfill the formal requirement of reporting the marriage.
- The general effects of marriage based on joint married life, such as the requirements of cohabitation, support, aid, chastity, and the joint liability for everyday household obligations, are recognized for de facto marriage. However, the effects of marriage premised on its being reported, such as the creation of in-law relations, are not recognized.
Dissolution of de facto marriage
Dissolution by agreement or unilateral notice
- A legally married couple seeking to dissolve their marriage while both spouses live must undergo a divorce procedure. However, a de facto married couple who did not undergo the legal process of reporting their marriage may dissolve the de facto marriage without reporting divorce if the spouses agree to end the marriage, or if one spouse gives notice to the other to such effect.
Issues relating to the dissolution of a de facto marriage
- Issues that may arise include whether spouses dissolving a de facto marriage may request a division of property for the property they amassed together, as a legally married couple may; whether damages may be sought for the unilateral dissolution of a de facto marriage relationship; and whether child support may be sought on the dissolution of a de facto married relationship.