# De facto partner

> act-s5CB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

5CB De facto partner

               De facto partners
          (1) For the purposes of this Act, a person is the de facto partner of
              another person (whether of the same sex or a different sex) if,
              under subsection (2), the person is in a de facto relationship with
              the other person.

               De facto relationship
          (2) For the purposes of subsection (1), a person is in
              a de facto relationship with another person if they are not in a
              married relationship (for the purposes of section 5F) with each
              other but:
                (a) they have a mutual commitment to a shared life to the
                    exclusion of all others; and
                (b) the relationship between them is genuine and continuing; and
                (c) they:
                      (i) live together; or
                     (ii) do not live separately and apart on a permanent basis;
                          and
                (d) they are not related by family (see subsection (4)).
          (3) The regulations may make provision in relation to the
              determination of whether one or more of the conditions in
              paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make
              different provision in relation to the determination for different
              purposes whether one or more of those conditions exist.

               Definition
          (4) For the purposes of paragraph (2)(d), 2 persons are related by
              family if:
                (a) one is the child (including an adopted child) of the other; or
                (b) one is another descendant of the other (even if the
                    relationship between them is traced through an adoptive
                    parent); or








                (c) they have a parent in common (who may be an adoptive
                     parent of either or both of them).
               For this purpose, disregard whether an adoption is declared void or
               has ceased to have effect.