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.

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De Facto Relationships

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