Register a De Facto Relationship in Victoria: What You Need to Know

Shahn Beasley-Reickenvater

Senior Associate Aitken PartnersView Profile

If you are in a de facto relationship, you may be able to formally register your domestic relationship in Victoria without getting married.

Registration through the Registry of Births, Deaths and Marriages Victoria (BDM) provides legal recognition of your relationships and can have important implications for your legal rights, particularly if you separate.

Before registering, it is worth understanding the eligibility requirements, the potential benefits and risks, and how registration may affect future property settlement claims. This article explains what you need to know and when it may be worth seeking legal advice.

What Is a Registered Domestic Relationship?

While de facto partners may have significant legal rights under Australian law, disputes often arise about whether a de facto relationship existed and when it began. Registering a domestic relationship in Victoria creates an official record with the Registry of Births, Deaths and Marriages Victoria, providing a formal relationship certificate that can be used as evidence for legal and administrative purposes.

One of the most common issues in de facto property disputes is whether the parties were living together on a "genuine domestic basis". When determining whether a de facto relationship existed, courts may consider factors such as:

• whether the relationship was longer than 2 years;
• whether the parties lived together;
• financial interdependence;
• ownership and use of property;
• commitment to a shared life; and
• how the relationship was perceived by others.

What Are the Legal Benefits of Registering a De Facto Relationship?

A registered relationship significantly reduces the scope for one party to later deny its existence.

Importantly, a registered relationship allows the court to determine a de facto financial dispute even where the parties have not been in a relationship for two years.

Are There Any Risks or Disadvantages to Registering?

While registration offers benefits, it is not always necessary, and couples should consider the implications.

Unlike simply separating from an unregistered de facto relationship, a registered relationship remains on the register until it is formally revoked or automatically ends through marriage or death. Victoria requires an application process and generally a 90‑day waiting period before revocation takes effect.

Registration also increases exposure to family law claims, given the 2-year de facto relationship length does not apply.

How Does Registration Affect Property Settlements After Separation

Registration of the relationship does not determine how property will be divided. A Binding Financial Agreement may an option at the outset of the relationship, or otherwise assets will be divided in accordance with the Family Law Act 1975 (Cth) following separation.

Who Can Register a Domestic Relationship in Victoria?

To register a domestic relationship, the following requirements must be met:

• Both partners are 18 years or older.
• At least one partner lives in Victoria when the application is made.
• Neither partner is currently married or in another registered relationship.
• The partners provide domestic support to each other and are committed to each other personally and financially.

How Do You Register a De Facto Relationship in Victoria?

1. Go to the BDM Victoria online application: Register a domestic relationship.
2. One partner starts the application.
3. The second partner receives an email and completes their section.
4. Both partners verify their identity (online or with certified documents).
5. Provide evidence that at least one of you lives in Victoria.
6. Pay the applicable registration fee.

There is a mandatory 28-day period from when BDM receives a complete and valid application before the relationship can be registered.

Once registered, you can obtain a Relationship Certificate, which can be used as evidence of your relationship for legal, administrative, and some immigration-related purposes.

Need advice about registering your relationship?

Registering a de facto relationship can have important legal and financial implications, particularly if your circumstances change in the future. A family lawyer can help you understand how registration may affect your rights and whether a Binding Financial Agreement is appropriate for your circumstances.

Contact Aitken Partners to discuss your situation with our family law team on 03 9600 6000 or book a consult here.