One of the most common questions for couples considering an Australian Partner Visa is whether marriage is required. The good news is that you do not have to be married to apply for a Subclass 820 or 309 partner visa. However, there are clear rules about what counts as a genuine relationship, and understanding these is crucial for a successful DIY application.

This guide explains the differences between married and de facto relationships, what evidence you need, and practical tips for DIY applicants.

Marriage is Not Mandatory

Australian immigration law recognises two types of relationships for partner visa purposes:

1. Married couples – legally married and recognized in Australia
2. De facto couples – living together in a genuine, committed relationship without being legally married

Both types of relationships are eligible for a Partner Visa as long as the relationship is genuine and ongoing.

DIY Tip: You don’t need a wedding or marriage certificate to apply if you meet the de facto requirements, but you must be able to prove the relationship exists and is continuing.

Requirements for Married Applicants

If you are married:

• Your marriage must be legal and recognized in Australia.
• Evidence of marriage alone is not enough; you must show the relationship is genuine and ongoing.
• Evidence can include:
  • Joint bank accounts or shared finances
  • Shared property ownership or rental agreements
  • Photos over time showing the couple together
  • Travel documents from trips together
  • Statutory declarations from friends and family

Even a long-term marriage may be scrutinised, so keep detailed records of your life together.

Requirements for De Facto Applicants

If you are not married, you can still apply as a de facto couple, provided you meet the following:

1. 12 months living together – Most applicants must prove they have lived together for at least 12 months before applying.
2. Genuine relationship – Your relationship must be committed and ongoing.
3. Exceptions – The 12-month cohabitation requirement may be waived in certain situations, such as:
   • You have a child together
   • Compassionate or compelling circumstances (for example, illness, relocation, or cultural reasons)

Evidence for de facto relationships often includes:

• Joint lease agreements or mortgage documents
• Shared utility or phone bills
• Joint bank accounts or loans
• Photos and social media evidence
• Statutory declarations from family and friends

DIY Tip: Keep detailed records of your daily life together. Even small details, like shared bills, can strengthen your application.

Key Differences Between Married and De Facto Applications

Why This Matters for DIY Applicants

Understanding that marriage is not required is important for couples who are:

• Living together but cannot or do not want to marry
• In long-distance relationships
• In relationships with cultural or logistical barriers to marriage

It also clarifies that the focus is on the genuineness of the relationship, rather than the legal status of marriage.

Common DIY Mistakes to Avoid

• Assuming marriage is required – Many couples delay applying unnecessarily.
• Insufficient evidence – Even married couples need to show the relationship is genuine.
• Applying before 12 months together (de facto) – This can lead to refusal unless exceptions apply.
• Ignoring supporting documents – Photos, joint bills, and statutory declarations are essential.

Final Thoughts

You do not need to be married to apply for an Australian Partner Visa. Both married and de facto relationships are recognised, provided the relationship is genuine, ongoing, and well-documented.

For DIY applicants, the key is gathering strong evidence, understanding the requirements for your type of relationship, and being organised. Proper preparation reduces the risk of delays or refusal and ensures a smoother path toward living in Australia with your partner.

✅ Quick Recap

• Marriage is not mandatory for a Partner Visa
• De facto couples must usually show 12 months living together
• Evidence is essential for both married and de facto relationships
• Exceptions exist for children or compassionate circumstances
• Focus on proving your relationship is genuine and ongoing

Want step-by-step guidance? Check out our DIY Partner Visa Package here.

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