Many people talk about "getting divorced". However, in a legal/technical sense divorce is only the legal end of the marriage contract/status.

Spouses are not required to be divorced as a pre-requisite for commencing any other proceedings or dealing with any other issues such as financial matters. Importantly in Australia, the divorce is legally separate from the division of capital assets (property settlement) and ongoing income support (maintenance for a former spouse or de facto partner). This is different to many countries in the world where the divorce (legal end of the marriage) is linked to the resolution or judicial determination of the money issues that may arise following the end of a marriage.

There is only one ground or basis for divorce in Australia – that there has been an "irretrievable breakdown" of marriage. This ground is satisfied if spouses separate and live apart for at least 12 months with the intention of bringing their marriage to an end. In some circumstances, spouses can live separately and apart under the one roof but still effect a separation. You can also reconcile with your spouse for specified and short periods of time without having to re-start the 12 months of separation. Both of these situations may well require additional documents (evidence) in order for the court to grant you a divorce in a timely manner.

Importantly, once spouses are divorced if either of them wishes to file an application for property settlement or spouse maintenance, then they must do so within 12 months from the date on which their divorce becomes final. If you have been divorced but not sorted out the money then important consequences can follow and important financial rights available to you could be lost or more complex.

It is a commonly held view that people are only in a de facto relationship after they have lived together in the same house for 2 years. These are important facts but they are not necessarily determinative of whether a de facto relationship exists and the legal requirements in the Family Law Act mean that it is possible to be in a de facto relationship even though you are not living in the same house and have been together for less than 2 years.

Whether you are in a de facto relationship or not will determine whether financial consequences such as property settlement and/or maintenance are applicable in the event your relationship breaks down. If you are not in a de facto relationship then you have no financial obligations following the breakdown of your relationship.

Two people will be in a de facto relationship if, having regard to all of their situation, they "…have a relationship as a couple living together on a genuine domestic basis…" and they are not married or related to each other. There is a non-exhaustive list of 9 factors in the Family Law Act that a court will look at in determining whether two people are in a de facto relationship. These factors include:

• the care and support of children;
• how long the relationship has been going on for;
• whether the people live in the one house;
• whether there is a sexual relationship between the two people;
• the degree of financial dependence or inter-dependence between the two people (i.e. is one of the people paying for expenses of the other person);
• the ownership and use of property (ie, do they own a house together?)
• the "degree of mutual commitment to a shared life";
• whether the relationship was registered under a State or Territory law; and
• the reputation and public aspects of the relationship (i.e. do you spend Christmas and birthdays together?)

You can be in a de facto relationship with more than one person at the one time. The Family Law Act is quite clear that you can be legally married to someone else and in a de facto relationship with another person (or persons). The gender of the people involved in the de facto relationship is irrelevant.