This is one of the most frequent worries raised with me: a couple whose relationship is entirely genuine, yet who — for any number of reasons, whether they are newly arrived, constrained by banking requirements, or simply following their family’s financial structure — hold no account in both names. In this note, Negin Safaei, Australian migration lawyer, MARA registration number 1791573, sets out precisely what the regulations say, rather than what gets repeated on social media. The answer is both clearer and far more reassuring than many applicants expect.
The short answer
Not having a joint bank account will not cause an Australian partner visa (subclasses 820/801 and 309/100) to be refused, and there is no legal requirement to hold one. Under regulations 1.15A and 1.09A of the Migration Regulations 1994, the decision-maker must weigh “all of the circumstances of the relationship”, and on the financial aspect may only consider “the extent of any pooling of resources” and “the basis of any sharing of day-to-day household expenses”. A single-income arrangement, properly explained and supported by evidence across the other three aspects, is entirely acceptable.
What the law says
The definition of “spouse” in regulation 1.15A and the definition of “de facto partner” in regulation 1.09A of the Migration Regulations 1994 are the foundation on which every partner application is assessed; these regulations sit beneath section 5F and section 5CB of the Migration Act 1958. Regulation 1.09A, made under section 5CB(3) of the Act, prescribes the arrangements for determining whether the matters in paragraphs 5CB(2)(a) to (d) exist, and the effect of section 5CB(1) is that a person is the de facto partner of another where they are in a de facto relationship.
The key to the answer lies in one short sentence in the text of the regulation. In assessing a relationship, “the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3)” — in other words, the decision-maker is obliged to consider all of the circumstances of the relationship, not a single item of evidence in isolation. The same wording is repeated in regulation 1.09A: the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
And in the financial aspect listed in subregulation (3), the legislature’s language is carefully chosen: the financial test covers the extent of any pooling of financial resources — particularly in relation to major financial commitments — whether one party owes any legal obligation in respect of the other, and “the basis of any sharing” of day-to-day household expenses. The word “any” and the phrase “the basis of any sharing” create no requirement for a joint account, and no requirement for equal or reciprocal financial contribution. What is being measured is financial interdependence and shared commitment, not equality of shares.
For that reason, the belief that “if one person carries all the expenses, the relationship isn’t really a partnership” does not match the text of the law. A single-income arrangement — one breadwinner and one partner at home, or one party financially supporting the other during study or unemployment — is in no way inconsistent with a spousal or de facto relationship; the “basis” of that sharing of expenses simply needs to be explained. The financial aspect is also only one of four: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the parties’ commitment to each other. Thin documentation in one aspect can be offset by a sensible explanation and strength in the others, because the statutory test is “all of the circumstances of the relationship”.
The four aspects of assessment, and the evidence that stands in for a joint account
The Department of Home Affairs itself, in its guidance on relationship evidence, does not present a joint account as the only option; its examples of relationship evidence refer, for a spousal relationship, to a marriage certificate, and for a de facto relationship, to joint financial statements, a joint services (utilities) declaration, a joint lease agreement and a joint home loan contract (guidance page at immi.homeaffairs.gov.au). These are “examples”, not a mandatory checklist.
| Aspect of the relationship (reg 1.15A(3) / 1.09A(3)) | Practical evidence when you have no joint account |
|---|---|
| Financial | Personal bank statements for both parties showing transfers of money between you; receipts for rent, utilities, insurance or tuition paid by one party for the household; joint ownership of a vehicle or property; a shared debt or liability; naming the other party as beneficiary of insurance/superannuation; and a statutory declaration explaining the “basis” on which expenses are shared |
| Nature of the household | A lease agreement or landlord letter in both names, utility bills to the same address, division of household chores, official correspondence sent to the shared address |
| Social aspects | Mutual introduction to family and friends, photographs from events, trips taken together, shared memberships and social activities, Form 888 statements |
| Nature of the commitment | Personal statements from both parties about the history of the relationship and your plans together, a history of living together, day-to-day contact during periods of temporary separation, wills and beneficiary nominations |
Two professional points that will set your application apart. First, the mere “existence” of a joint account with no real activity carries little evidentiary weight; genuine, purposeful transactions from a personal account say far more than an empty account in two names. Second, in de facto applications the financial aspect is only part of the story; formally registering the relationship can remove the 12-month cohabitation requirement for a de facto partner visa. In Victoria, under the Relationships Act 2008, a “registrable domestic relationship” is a relationship between two adults who are not married to each other but are a couple, where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other — and registering the relationship and obtaining a certificate from the Registrar is conclusive proof that the domestic relationship exists. Since 1 July 2016 it is enough that only one of the two parties lives in Victoria, and registration takes a minimum of 28 days (4 weeks) from the date a complete and valid application is received.
What this means for you
If you don’t have a joint account, your application is not “incomplete”; you simply need to tell your financial story accurately and back it up. As Negin Safaei explains, the departmental decision-maker is not looking for one particular document; they are looking for a coherent picture of a shared life — and the text of the regulation asks exactly that of them. So in your personal statement and statutory declaration, state plainly who pays for what, why that arrangement was chosen (study, parental leave, work restrictions on a visa, or family custom, for example) and how money moves between you; then support that same explanation with receipts and bank statements.
Real case experience shows that what changes the outcome is not having “more” evidence, but having evidence that is explained. As a MARA-registered lawyer (number 1791573), Negin Safaei does precisely this: she reframes the actual financial structure of your life within the framework of regulations 1.15A and 1.09A, so the decision-maker never has to guess. If your relationship is genuine, not having a joint account is not an obstacle — it is simply a point to be explained.
Sources
- Migration Regulations 1994 — current authorised version (regulation list including 1.09A and 1.15A), Federal Register of Legislation: legislation.gov.au/F1996B03551/latest/text — publicly available “latest” version
- Migration Regulations 1994 — REG 1.15A “Spouse” (text of subregulations (2) and (3)): AustLII — REG 1.15A
- Migration Regulations 1994 — REG 1.09A “De facto partner and de facto relationship”: AustLII — REG 1.09A
- Department of Home Affairs — “Spouse or de facto partner relationship, Evidence of” (evidence guidance): immi.homeaffairs.gov.au
- SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 — on the four aspects set out in regulation 1.15A(3): full judgment (2015)
- Department of Justice and Community Safety Victoria — “Recognition of domestic relationships in Victoria” (updated 21 June 2022): justice.vic.gov.au
- Births, Deaths and Marriages Victoria — “Register a domestic relationship”: bdm.vic.gov.au
- Australian Migration Lawyers — “How to register your relationship for an Australian partner visa” (24 September 2024): australianmigrationlawyers.com.au
Let’s put your financial evidence in order together
If your bank statements, lease and utility bills are all in one name and you’re unsure how to express that reality in the language of regulations 1.15A and 1.09A, you don’t have to guess your way through it alone. In a dedicated consultation with Negin Safaei, Australian migration lawyer (MARA 1791573), we review the real financial structure of your life together, identify the specific alternatives to a joint account that suit your case, and draft your statement and statutory declaration so the decision-maker is left in no doubt. Book your consultation today and lodge with confidence.
Frequently asked questions
Is a joint bank account mandatory for an Australian partner visa?
No. No regulation makes a joint account a requirement. Regulations 1.15A and 1.09A of the Migration Regulations 1994 oblige the decision-maker to weigh all of the circumstances of the relationship, and on the financial aspect to consider only the extent of “any” pooling of resources and “the basis of any” sharing of day-to-day household expenses.
If only one of us pays all the expenses, will our relationship still be accepted?
Yes, provided it is clearly explained. The law does not require equal or reciprocal financial contribution; a single-income arrangement (a breadwinner and a partner at home, or financial support during study or unemployment) is not inconsistent with a spousal or de facto relationship. You simply need to explain the “basis” on which expenses are shared in your statement and statutory declaration, and support it with receipts and bank statements.
What evidence can be provided instead of a joint account?
Transfers of money between you shown in personal bank statements; receipts for rent, utilities, insurance and tuition; a joint lease agreement; a joint home loan; joint ownership of a vehicle or property; naming the other party as beneficiary; and a statutory declaration explaining your financial arrangements. The Department of Home Affairs itself refers to examples such as joint financial statements, joint utility accounts, a lease agreement and a joint home loan.
Will a weakness in the financial aspect cause a refusal?
Not necessarily. The financial aspect is one of four: financial, the nature of the household, social aspects, and the nature of the commitment. The statutory test is “all of the circumstances of the relationship”, so limited evidence in one aspect can be offset by a reasonable explanation and strength in the others — and providing evidence across all four is not a mandatory checklist.
Is an empty joint account better, or genuine activity in a personal account?
Genuine activity. The mere “existence” of a joint account with no meaningful transactions has little evidentiary value; by contrast, real and regular payments connected to your shared life — even from one person’s personal account — demonstrate financial interdependence far more convincingly.
How does formally registering the relationship help?
For de facto applications, formally registering the relationship can remove the 12-month cohabitation requirement. In Victoria, registering the relationship and obtaining a certificate is conclusive proof that a domestic relationship exists; since 1 July 2016 it is enough that one of the two parties lives in Victoria, and registration takes a minimum of 28 days from the date a complete and valid application is received.
This answer reflects the law and policy as verified on September 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.