Checklist to determine if you are in a de facto relationship

CHECKLIST TO DETERMINE IF YOU IN A DE FACTO RELATIONSHIP?

Under the Family Law Act there is a definition on the meaning of what constitutes a de facto relationship. The following is a basic checklist:

• not legally married to each other; and
• not related by family; and
• have a relationship as a couple living together on a genuine domestic basis.

The Family Law Act provides a list of factors that helps a couple work out if they are in a de facto relationship, which include the following:

(a)  the duration of the relationship;

(b)  the nature and extent of their common residence;

(c)  whether a sexual relationship exists;

(d)  the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

(e)  the ownership, use and acquisition of their property;

(f)  the degree of mutual commitment to a shared life;

(g)  whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;

(h)  the care and support of children;

(i)  the reputation and public aspects of the relationship.

The Family Law Act provides that:

(a)  a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and

(b)  a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.

WARNING – TIME LIMITS:

If a party, who was in a de facto relationship that has ended, wants to apply to the Court for an adjustment of property or spousal maintenance there is a time limit of 2 years from the date of the end of the de facto relationship unless the other party gives consent for a longer period or the Court grants leave.

If you have questions about a de facto relationship, send an email to Kathy Chase at Pittwater Family Lawyers at: info@pittwaterfamilylawyers.com.au Or pittwaterfamilylawyers@gmail.com OR telephone her on (02) 9918 6565 or 0418285307 http://www.pittwaterfamillawyers.com.au