A de facto relationship is defined by the Family Law Act as a relationship between two people who are not married, but who live together on a genuine domestic basis. It also applies to same sex couples. Various factors are considered when determining whether two people are in a de facto relationship, including:
the duration of the relationship;
whether a sexual relationship existed;
whether there are any children of the relationship;
the extent and nature of shared residence;
the parties’ degree of financial dependence on one another;
the parties’ mutual commitment to a shared life;
the public aspects and reputation of the relationship; and
ownership, acquisition and use of shared property.
It can be difficult to know for certain if you are in a legally recognized de facto relationship. Our team can provide you advice based on your individual circumstances.