Why you might be in a common law marriage, and not realise it De facto, or ‘common law’ marriage, is where a couple are not officially married, but have been living together on a ‘genuine domestic basis.’ If a de facto couple splits up, the Court may treat them the same as a married couple going through a divorce. In reality, as a relationship progresses, you can’t be certain of exactly when or whether you and your partner are de facto married. This can be alarming for many p