De facto vs married: does it matter for Australian partner visas?

If you're planning to apply for an Australian partner visa and you're not yet married, you've probably asked yourself: should we get married first? Will it make the visa process easier? Faster? Less likely to be refused?

The short answer: no, not really. But the details matter, and understanding them could save you months of waiting or prevent an application that fails before it's even assessed.

Here's what actually differs between married and de facto applications, what the Department genuinely cares about, and how to choose the right pathway for your situation.

Does the Department treat married and de facto couples differently?

No, the Department of Home Affairs treats married and de facto couples equally once an application is lodged. Both apply for the same visa subclasses: the onshore pathway (820/801) or the offshore pathway (309/100). Both pay the same fee (AUD $9,365). Both face the same processing times. Both must prove the relationship is genuine and continuing using the same evidence framework.

A marriage certificate doesn't give you any advantage in how your application is assessed or prioritised. A de facto couple with strong evidence will always be viewed more favourably than a married couple with weak documentation. The Department cares about whether your relationship is real, not whether you've had a wedding.

Where marriage does matter is in one specific area: eligibility timing. And that's where the 12-month rule comes in.

What is the 12-month de facto rule?

De facto couples must demonstrate at least 12 months of continuous cohabitation immediately before lodging their partner visa application. This is a hard eligibility requirement, and if you don't meet it, your application will be refused, no matter how genuine your relationship is.

The 12-month clock starts when you began living together as a committed couple, not when you first met or started dating. You'll need evidence spanning that entire period: joint lease agreements, shared bills, bank statements showing shared expenses, and statutory declarations from people who've witnessed your cohabitation.

If you apply at 11 months and 29 days, you're ineligible. The Department won't wait for you to hit the 12-month mark. They'll assess your eligibility at the date of application, and if you fall short, that's a refusal on your record.

Married couples have no such requirement. Technically, you could marry someone and lodge a partner visa application the same week. There's no minimum relationship duration for spouses.

But here's the catch that many couples miss: a recent marriage with limited shared history raises red flags. If you've been together for two months, got married, and immediately applied for a partner visa, the Department will scrutinise your application intensively. You'll still need to prove the relationship is genuine, and case officers are trained to spot relationships of convenience.

Can you bypass the 12-month rule without getting married?

Yes. There are three circumstances where the 12-month cohabitation requirement can be waived for de facto couples.

1. Registered relationships (the most reliable option)

If you register your relationship with an Australian state or territory, the 12-month requirement is waived. You can lodge your partner visa application immediately after registration, even if you've been living together for a much shorter period.

Most Australian states and territories offer relationship registration:

• New South Wales: Relationship Register through NSW Registry of Births, Deaths & Marriages
• Victoria: Domestic Relationship Register through the Victorian Registry
• Queensland: Civil Partnership Register
• South Australia: Relationships Register
• Tasmania: Registered Relationships under the Relationships Act 2003
• Australian Capital Territory: Civil Union and Civil Partnership registration
• Northern Territory: No registration scheme, but you can register interstate if eligible
• Western Australia: Has a registration scheme, but it's not accepted for migration purposes. WA couples should register in another state or prove 12 months of cohabitation.

Registration typically costs $100-200 and takes about 28 days to process after a cooling-off period. Once you receive your relationship certificate, it serves as primary evidence of your de facto status.

2. Children of the relationship

If you have a dependent child together (biological or adopted), the 12-month cohabitation requirement can be waived. The child must be a child of both partners, not from a previous relationship.

3. Compelling and compassionate circumstances

In exceptional cases, the Department may waive the 12-month requirement based on compelling circumstances. This might include situations where you were prevented from living together due to circumstances beyond your control, such as war, natural disaster, or serious illness.

However, this waiver is discretionary and rare. General long-distance relationships, work commitments, or immigration restrictions in other countries typically don't qualify. Don't rely on this exemption unless your circumstances are genuinely exceptional.

What evidence do married vs de facto couples need?

Both married and de facto couples must demonstrate their relationship is genuine and continuing across the same four pillars. A marriage certificate is not a substitute for this evidence.

The four pillars of evidence

Financial aspects: Joint bank accounts, shared ownership of assets, joint loans or mortgages, shared expenses and bills, evidence of financial support.

Nature of the household: Joint lease or property ownership, utility bills in both names, evidence of shared living arrangements, statutory declarations from people who've visited your home.

Social aspects: Recognition by friends and family, photos together at events and holidays, statutory declarations from people who know you as a couple, evidence of joint social activities.

Nature of commitment: Personal statements about your relationship history and future plans, wills naming each other, superannuation nominations, evidence of major life decisions made together.

What's different in the evidence?

For married couples: You must provide your marriage certificate. If you married overseas, you'll need to demonstrate the marriage is legally valid under Australian law. Religious marriage certificates alone may not be sufficient; the marriage must be registered with the relevant government authority.

For de facto couples: Instead of a marriage certificate, you provide evidence of your cohabitation history. This includes the documents proving 12 months of living together (or your registered relationship certificate if using that exemption). Joint leases, shared bills, and evidence of your shared address become particularly important.

For registered relationships: You provide your relationship certificate from the relevant state or territory registry. This serves as your primary evidence of the relationship's existence, similar to how a marriage certificate does for married couples.

Beyond these specific documents, the evidence requirements are identical. Both relationship types need comprehensive documentation across all four pillars.

How are same-sex couples treated?

Same-sex couples have full equality under Australian migration law. Since December 2017, when Australia legalised marriage equality, same-sex marriages are treated identically to opposite-sex marriages for all visa purposes.

Same-sex couples can apply as:

• Married spouses if legally married in Australia or in a country whose marriages Australia recognises
• De facto partners meeting the standard 12-month cohabitation requirement
• Registered relationship partners using state and territory registration schemes

The same evidence requirements, processing times, and assessment criteria apply regardless of the genders of the partners. There is no separate process, no additional scrutiny, and no different standards.

Same-sex marriages conducted overseas are recognised in Australia provided they meet Australian legal standards for validity. Most marriages from countries with marriage equality will be accepted.

Should you get married before applying?

This is ultimately a personal decision that depends on your circumstances, timeline, and relationship. Here's a framework for thinking through it.

Marriage might make sense if:

• You want to marry anyway and the partner visa timeline aligns with your plans
• You've been together a short time and can't yet meet the 12-month de facto requirement, but your relationship is genuinely committed
• You're from a country or culture where marriage carries significant weight and you have strong evidence of genuine commitment

De facto or registered relationship might make sense if:

• You already meet the 12-month requirement and have strong cohabitation evidence
• You don't want to marry or have personal, cultural, or practical reasons to remain unmarried
• You want to register your relationship as a middle ground that waives the 12-month rule without requiring marriage
• You're concerned about appearing rushed and a recent marriage might raise more questions than a well-documented de facto history

Neither option is "faster"

A common misconception is that married couples get processed faster. They don't. Married and de facto applications go through the same assessment process, the same queues, and face the same processing times. The median processing time for the onshore 820 temporary visa is around 13 months regardless of relationship type.

The only "speed" advantage marriage offers is the ability to apply immediately without waiting to accumulate 12 months of living together. But that's an eligibility timing advantage, not a processing speed advantage.

Neither option is "easier" to prove

Both married and de facto couples must provide equally strong evidence of a genuine relationship. Married couples cannot rely on their marriage certificate to do the heavy lifting. De facto couples aren't viewed with suspicion just because they're not married.

What makes an application "easy" or "hard" is the quality and comprehensiveness of your evidence, not your relationship classification.

Frequently asked questions

The bottom line

For Australian partner visas, being married versus de facto makes almost no practical difference to your application outcome. You apply for the same visa, pay the same fee, wait similar timeframes, and must prove your relationship is genuine using the same evidence framework.

The only meaningful difference is the 12-month cohabitation rule for de facto couples. If you haven't lived together for 12 months and need to apply soon, your options are: get married, register your relationship with an Australian state or territory, or wait until you meet the requirement.

Don't rush into marriage just to file a visa application sooner. A hasty marriage without sufficient relationship evidence can actually make your application harder to prove. Conversely, don't avoid marriage if it's something you both genuinely want, just because you think de facto is somehow viewed more favourably (it isn't).

What matters is the strength of your evidence, not the legal form of your relationship.

Start your partner visa application with Tern. We guide you through evidence collection for both married and de facto applications, check your eligibility including the 12-month requirement, and ensure your documentation is complete before submission.