Am I in a de-facto relationship?
You will be in a de-facto relationship with another person whether the relationship is between two persons of different sexes or between two persons of the same sex, if:
You are not legally married; and
You are not related by family; and
You are in a relationship as a couple living together on a genuine domestic basis.
What does relationship as a couple mean?
There are many factors that will be looked at to determine whether or not you are in a de-facto relationship, as every relationship is different.
Some examples of the factors looked at when determining the existence of a de-facto relationship include how long you have been in a relationship, whether a sexual relationship exists, joint ownership of property and any financial interdependence and how your relationship is perceived publicly.
Do we need to be living together?
If you are a couple who are dating, you are unlikely to be in a de-facto relationship.
Living together on a genuine domestic basis usually means you live together for some of the time, and this could be less than half the time.
It is important to remember that every relationship is different, and the specific circumstances of your relationship will be looked at to determine whether a de-facto relationship exists.
We have separated, am I able to make a claim again my de-facto partner’s property?
If your de-facto relationship has continued for a period of more than 2 years, you are able to make a claim for a property division.
In the event your de-facto relationship has been less than 2 years but you have a child together or one of you has made a substantial contribution to your relationship you can make a claim for a property division.
Any entitlement will depend on the consideration of a number of factors.
Legal advice prior to entering into a de-facto relationship
If you are considering entering into a de-facto relationship, you should obtain some legal advice, particularly in circumstances where you are wanting to protect assets from a possible future claim. Other considerations will include be your superannuation and whether you need to make a new will.
If you would like more information please contact us for a free 30 minute appointment.
By CE Family Law.
