This visa allows you to enter or remain in Australia on the basis of your married or de-facto relationship with your partner.
To apply in Australia for a Spouse visa on the basis of marriage, you must be legally married to your partner. To apply outside Australia on the basis of marriage, you must either be legally married to your partner at time of application or intend to legally marry your partner in the near future (before a decision is made on the temporary Spouse visa).
To apply for a Spouse visa as a de facto spouse, you and your partner must show that you have been in a de facto spouse relationship for the entire 12 months immediately prior to your application. However, if you and your partner have children together, the 12-month relationship requirement may be waived.