What does de facto relationship mean? A person is in a De facto relationship 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.
How do you know if you are 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 Relationship 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.