What TikTok Gets Wrong About “Common-Law Marriage” in Australia

“We’ve been living together for six months – guess we’re married now!” If you’ve been on TikTok lately, you’ve probably seen videos claiming that Australia automatically treats long-term partners as married under “common-law marriage.” Spoiler alert: this is not how the law works down under.

Let’s set the record straight before you find yourself quoting a TikTok influencer instead of actual legislation. Whether you’re in a de facto relationship or just cohabiting for now, it’s important to know the difference – and how myths can cost you dearly.

If you’re looking for real guidance (not social media legal tips), Preston family lawyers would be the first to say: the internet is not your lawyer.

Key Takeaways

• There’s no such thing as “common-law marriage” in Australia – it’s a term borrowed from other countries.
• De facto relationships are recognised, but only under specific legal criteria, not just based on time spent living together.
• TikTok myths like the “6-month rule” or “2-year = half of everything” are misleading and oversimplify complex legal realities.
• State-based de facto registers can support your legal standing, but don’t grant you marital status.
• Centrelink may assess your relationship sooner, but that doesn’t mean you’re legally married.

TikTok’s “Marriage Myths” – Busted

TikTok has become a breeding ground for legal misinformation – especially around relationships. Some of the most common (and misleading) claims include:

• “You’re automatically married after six months.”
  In Australia, there is no automatic recognition of a relationship after six months. The Family Law Act 1975 outlines de facto relationships, but duration is just one of several factors considered.
• “After two years, your partner gets half.”
  Also incorrect. Two years is generally the threshold to apply for property or maintenance orders, but courts assess many other factors, including financial contributions and whether there are children involved.
• “Register your relationship and boom – you’re married.”
  Registering a de facto relationship in some states (like NSW and Victoria) provides supporting evidence, but it’s not equivalent to marriage. Think of it as the “blue tick” of your relationship status – helpful, but not everything.

What Actually Counts as a De Facto Relationship?

According to the Family Law Act 1975, a de facto relationship exists when two people (of any gender) live together on a genuine domestic basis, but are not legally married.

To determine whether you’re in one, courts look at things like:

• How long you’ve been together
• Whether you live together full-time or part-time
• Whether you share finances, bills or property
• If the relationship is sexual or romantic
• If others see you as a couple

Basically, if it walks like a couple, talks like a couple, and splits bills like a couple… the court might agree.

Pull Quote:
“Just because you split a Netflix account doesn’t mean you’re splitting assets.”

The Difference Between De Facto Law and Centrelink

This is where things get a bit spicy.

While family law looks at long-term stability and contributions, Centrelink has its own playbook. Government agencies may consider you a couple much earlier, even after just a few months, especially if:

• You live under one roof
• Share household expenses
• Present socially as a couple

This can affect benefits and payments. So yes, you can be considered “partnered” by Centrelink but not be recognised as de facto in family court. Fun, right?

5 TikTok Myths That Could Wreck Your Legal Standing

Here’s the only TikTok-style list you should trust:

1. “6 Months = Marriage”
   False. There’s no set time limit – courts weigh multiple factors.
2. “2 Years Means 50/50 Split”
   False. No automatic entitlement – property division is nuanced.
3. “Registering Makes You Married”
   False. It helps, but doesn’t carry the legal weight of marriage.
4. “Living Together Is All That Matters”
   False. Financial interdependence, kids, and mutual commitment matter too.
5. “TikTok Lawyers Are the New Legal Experts”
   VERY false. Please don’t get your legal advice from someone filming in their car.

Why This Misinformation Matters

Misunderstanding your legal relationship status can have real-world consequences:

• You might assume you’re protected by law when you’re not.
• You could lose your share in assets or miss out on spousal maintenance.
• Your separation could get much messier than necessary.

In 2024, a Melbourne man tried to claim “common-law marriage” after breaking up with his partner of 18 months. The court’s response? “We don’t have that here.” He walked away empty-handed and a bit red-faced.

Conclusion

The moral of the story? Don’t take relationship advice from TikTok, especially when it comes to the law. Australian legislation doesn’t recognise “common-law marriage” the way some other countries do. If you’re cohabiting, involved in a long-term relationship, or unsure about your legal rights, the best thing you can do is talk to an expert.

Pearsons Lawyers are experienced in de facto and family law matters – and won’t quote trending hashtags at you. Book a consultation and get the clarity you actually need.

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