Family De Facto - De Facto Relationship Meaning

De Facto Family Meaning

The Law defines a person is in a de facto relationship (either heterosexual or same sex) if:

  • The persons are not married to each other; and
  • Having regard to all the circumstances, they have a relationship, as a couple living together on a genuine domestic basis

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 understand the legal implications of a de facto relationship, contact us today.

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De Facto Relationship Meaning

Am I in a 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:

  • 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;
  • the ownership, use and acquisition of their assets;
  • the degree of mutual commitment to a shared life;
  • the care and support of children;
  • the reputation and public aspects of the relationship.

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.

De Facto Separation Entitlements

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.

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