The legal concept of a domestic relationship also links two people who have been married, in a de facto relationship or an intimate personal relationship with the same person. This means that, for example, a woman’s current partner and her ex-partner would have a domestic relationship with each other, even if they had never met. Under the Family Law Act, a de facto relationship is when two people are not legally married or related by family and have a relationship as a couple living together on a genuine domestic basis. However, in applying this law, the Court has found that you could be in a de facto relationship even if you don’t share a home together all of the time and even if you have not lived together for two years. You can also be in a de facto relationship if you are married to someone else or in a de facto relationship with someone else. A number of the factors are considered when determining a de facto relationship. These may include: • The duration of the relationship. ✅ • Financial dependence or interdependence eg. shared bank accounts or loans. ✅ • The nature and extent of shared living arrangements. ✅
• Whether there is a sexual relationship. ✅ • Shared ownership or use of any property. ✅
• Whether there is a mutual commitment to a shared life. ✅ • Whether there is any shared care and support for children. • Public perception of the relationship ✅
Not all these factors are required but the more you tick the more likely the Court will consider you to be in a de facto relationship.It can be difficult to pinpoint what defines when you become a de facto. It depends on the circumstances. You may consider asking yourself:
Do you and your partner share a home, even on a part-time basis? ✅
1. Do you provide financial support to your partner or vice versa? ✅ 2. Do you and your partner intermingle your finances? ✅
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