DEFACTO

De-facto

In the changing dynamics of today’s society we see many blended families, where parties may form new relationships and reside together but not get married.

Under the Family Law Act a de-facto relationship exists if you and your former partner have been living together on a genuine domestic basis. A de-facto relationship can exists with same sex relationships as well as people of opposite sex in a relationship.

There are a number of circumstances that will determine if parties are in a de-facto relationship and they include: –

  1. Duration of the relationship
  2. Whether parties have a common residence;
  3. If a sexual relationship exists
  4. If there are children to the relationship
  5. Degree of financial dependence
  6. Ownership and acquisition of property together
  7. Degree of share mutual commitment to life;
  8. If the relationship is registered through state department of Births Deaths and Marriages;
  9. The public perception of the relationship.

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