<P> In April 2014, a federal court judge ruled that a heterosexual couple who had a child and lived together for 13 years were not in a de facto relationship and thus the court had no jurisdiction to divide up their property under family law following a request for separation . In his ruling, the judge stated "de facto relationship (s) may be described as' marriage like' but it is not a marriage and has significant differences socially, financially and emotionally ." </P> <P> In all contexts, de facto relationships require significant proof, which means partners may have to provide evidence about their living and childcare arrangements, sexual relationship, finances, ownership of property, commitment to a shared life and how they present as a couple in public . This can present difficulties when de facto relationships are legally contested by other people, usually other family members . Marriages rarely encounter such difficulties as they are generally regarded as immediate and incontrovertible . </P> <P> Same - sex couples have access to different relationship recognition schemes in Australia's eight states and territories . Under federal law, they are treated as de facto relationships . Unless the states and territories legislated otherwise, these schemes would remain in place as an option for same - sex couples in the event Australia passed a federal same - sex marriage law . </P> <P> The Australian Capital Territory provides same - sex couples with the right to access a civil union . Under the federal laws, same - sex relationships are treated as de facto relationships . In August 2012, the ACT's Civil Union Bill passed after legal advice demonstrated that the federal government had removed its ability to legislate for territorial and state same - sex marriage after it defined marriage as only between man and woman in the Marriage Amendment Act 2004 . The Civil Union Act 2012 grants many of the same rights to same - sex couples as people married under the Marriage Act . The act was not challenged by the Gillard Federal Government . The act was to be repealed and civil unions were to be no longer accessible to same - sex couples upon commencement of the Marriage Equality (Same Sex) Act 2013, which (if not struck down by the High Court) would have permanently legalised same - sex marriage in the territory . Due to the High Court's ruling striking down the ACT's same - sex marriage law as invalid, the repeal of the Civil Unions Act 2012 is of no effect and civil unions continue to take place in the ACT . </P>

When was same sex marriage legalized in australia