A de facto relationship exists only when both parties are aged at least 18 and they are living together as a couple, but are not married to each other or in a civil union. These are the essential but not the only factors that go to determining whether a relationship is or has been de facto.
When deciding, the court will consider all the relevant circumstances, which may include:
- the length of the relationship
- the extent to which you shared a home;
- the degree to which your finances were merged;
- how your property was owned and used
- whether you had a sexual relationship
- how you cared for and supported any children either of you had;
- who performed household duties;
- your mutual commitment to a shared life;
- whether others saw you as a couple; and
- any other matters as seem appropriate.
For more guidance regarding this matter, please get in touch with our Relationship Property experts, Kirsty McDonald and Georgia Watts.