What does De Facto relationship mean? How do you know if you are in a De Facto relationship? What entitlements do you have?
The Law defines a person is in a de facto relationship (either heterosexual or same sex) if:
A de facto relationship may have legal implications in areas such as property rights, inheritance, social security benefits and parenting obligations.
A de facto relationship can exist even if one of the persons is married to someone else or in another de facto relationship.
To work out if persons have a de facto relationship, as a couple, the circumstances may include any or all of the following:
A De facto relationship can exist between 2 persons of the same sex.
A De facto relationship can exist even if one of the persons is married to someone else or in another de facto relationship.
In the event that there is a breakdown in the relationship, it will be necessary to have a proper financial settlement. The primary factors that contribute to this settlement are establishing firstly that there is in fact De Facto Relationship and secondly consideration is given to the earning capacity of each party.
More information on the finer details of financial settlement after a breakdown of a De Facto relationship can be read here.
Expert Advice from our Legal Specialists
Prior to visiting a family law specialist you should prepare a list of the questions that you need to have answered. This will ensure important things are not missed.
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Violence is gender neutral, and thereby encompasses abusive behaviour in both heterosexual, same sex and child relationships.