News

17 March 2020

Am I in a de facto relationship?

As a family lawyer, I am regularly asked the question – am I in a de facto relationship?

The answer to this question is not as simple as you might expect.  A person will be considered to be in a de facto relationship if, having regard to all of the circumstances of the relationship, they have a relationship as a couple and are living together on a genuine domestic basis.

The most well-known test for determining whether two people are in a de facto relationship, is whether they have been living together as a couple for more than two years.  However, a couple can be living together for less than two years and still be considered to be in a de facto relationship.  Other factors that need to be considered include:

  1. the duration or length of the relationship;
  2. the nature and extent of their common residence;
  3. whether a sexual relationship exists;
  4. the degree of financial dependence, interdependence or financial support between them;
  5. ownership, use and acquisition of property;
  6. the degree of mutual commitment to a shared life;
  7. whether the relationship was registered;
  8. the care and support of children; and
  9. the reputation and public aspects of the relationship.

The most common situations in which people may be found to be in a de facto relationship, despite not living together as a couple for more than two years are where:

  1. the couple have a child together; or
  2. the couple have intermingled their finances, such as by purchasing a property together.

A lot of people want to avoid being in a de facto relationship because they believe that this will automatically entitle their partner to a share of their assets.  It is important to note that even if you are considered to be in a de facto relationship, this does not necessarily mean that your partner is entitled to a share in your property or assets.  The court must first determine whether or not an adjustment of property between the spouses is necessary to do justice between them, based on their respective contributions to the relationship and their future needs.  In some circumstances the court will not intervene if the property interests as they stand are just and equitable.

If you would like to discuss your relationship, property settlement or obtain advice on your family law matter, contact one of our Cairns and Mareeba family lawyers today.

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