De Facto Relationships

De Facto Relationships

What is a De Facto Relationship?

A person is considered to legally be in a De Facto relationship with another person if:

  • The persons are not legally married to each other; and
  • The persons are not related by family; andde facto relationship lawyer melbourne
  • Having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

The legal definition of a couple includes consideration of the following circumstances:

  • The duration of the relationship;
  • The nature and extent of their common residence;
  • Whether a sexual relationship exists;
  • The degree of financial dependence or interdependence, and any arrangements for financial support, between them;
  • The ownership, use and acquisition of their property;
  • The degree of mutual commitment to a shared life;
  • Whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
  • The care and support of children;
  • The reputation and public aspects of the relationship.

A De Facto relationship can exist between two persons of different sexes or between two persons of the same sex. It can exist even if one of the persons is legally married to someone else or in another de facto relationship.

People who are involved in a relationship and live together without being married are in a de facto relationship, whether they share assets or not.

Ready to find out more?

If you want to talk to someone about your personal situation, please call us on (03) 9629 9629 or email us.

De Facto Relationships

Talk to the Legal Experts Now

Lewis Holdway Lawyers

+613 9629 9629

+613 9629 9630

reception@lewisholdway.com.au

Level 2, 91 William Street, Melbourne, 3000

P.O. Box 138, Collins Street West, Victoria 8007

DX Mail: DX 650 Melbourne

Trusts – Are your assets really protected?

Trusts – Are your assets really protected?

Lots of families have Discretionary Trusts (often simply known as “the family trust”) which they run their business through, or which hold investments for them. They are often intended to assist in protecting assets from civil liability or to allow for tax planning. Another objective which people sometimes have is to limit their exposure to…

Intervention Orders: Common Traps

Intervention Orders: Common Traps

Intervention Orders are quite common in high-conflict situations like relationship breakdowns, and so they are something we deal with frequently in our family law practice. Despite how often they come up, people often misunderstand how they work. This is a real problem because there are serious, criminal consequences for breaches of Intervention Orders. Some of…

Parenting and Separation: How to avoid the Nightmare Before Christmas

Parenting and Separation: How to avoid the Nightmare Before Christmas

The festive season can be a wonderfully exciting time for families, but it can also be an overwhelming and stressful time, especially when a family is going through a separation. Uncertainty and confusion about arrangements for what time the children will spend with each parent over Christmas is very common and can be one of…

Family Law Q&A – Financial Settlements – Part 4

Episode 4: Financial Settlements If you go through a process of separation or divorce, do you have to have a financial settlement? You don’t have to have a financial settlement, however you leave yourself at risk of a claim in the future by your spouse or partner if you do not, particularly if you don’t…