“Am I in a DeFacto Relationship?” It’s a question many Australians ask, and it depends on several factors defined by Australian law.
Navigating relationships can be complex, and sometimes, it’s crucial to understand the legal ramifications of the bond you share with someone.
In Australia, a de facto relationship refers to a bond where two individuals, irrespective of their gender, live together on a genuine domestic basis but aren’t legally married or related by family.
What is a De Facto Relationship?
In simple terms, a de facto relationship is one where two individuals, irrespective of their gender, live together on a genuine domestic basis but aren’t legally married to each other or related by family.
Key Factors Determining a De Facto Relationship
The law doesn’t just look at the duration of a relationship; it considers a variety of factors:
1. Duration of Relationship: While the length of the relationship is one factor, it’s not the only one. Some guidelines mention a minimum period (like two years), but exceptions exist, especially when there’s a child involved.
2. Nature and Extent of Common Residence: Do you and your partner live together, and if so, for how long? The continuity of cohabitation plays a role.
3. Existence of a Sexual Relationship: While personal, the existence of a sexual relationship can be considered.
4. Financial Dependence: How do you and your partner handle financial matters? Joint bank accounts, shared bills, or mutual financial support can indicate a de facto relationship.
5. Care and Support of Children: If children are involved, their care, support, and the nature of the relationship with them can be considered.
6. Public Recognition: How do others view your relationship? It is likely evidence of a de facto relationship if you present as a couple in social settings or with your family.
Why Does It Matter?
Understanding whether you’re in a de facto relationship is crucial because of its legal implications.
Being in a de facto relationship can have significant consequences, from property settlements to spousal maintenance and even inheritance.
Furthermore, this legal status can also influence decisions related to child custody or shared financial responsibilities.
Moreover, having clarity on your relationship’s standing can provide peace of mind and better preparation for potential future scenarios.
It’s not just about the label but understanding its rights and responsibilities.
Understand Your Legal Rights and Responsibilities
The question, “Am I in a de facto relationship?” isn’t always straightforward. It requires a comprehensive look at various aspects of your relationship.
Suppose you believe you’re in a de facto relationship or are uncertain about your status. In that case, seeking legal advice to better understand your rights and responsibilities is a good idea.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
