De Facto Relationships

When it comes to dividing up relationship property, you may ask what constitutes a de facto relationship?
De Facto Relationships

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.

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