Is my relationship de facto?
Stating that the relationship was over 2 years may not be enough. The relationship must have had a genuine domestic basis.
The court will decide if there has been a genuine domestic basis by considering the following evidence:
(a) the duration of the relationship
(b) the nature and extent of common residences
(c) presence of sexual relationship
(d) the degree of financial dependence or interdependence, any arrangements for financial support
(f) the degree of mutual commitment to a shared life
(i) the reputation and public aspects of the relationship
The court will decide whether to make a declaration of a de facto relationship on a case by base basis.
Each relationship is unique and has its own set of facts. Contact Aspire Family Law today for a free 30 minute consultation just for you.
Either party can apply to the Family Court for a declaration of a de facto relationship. If there is contention that the relationship was de facto either party can apply to the family Court for a declaration that the relationship was indeed defacto and before important orders can be made:
- Maintenance of the other party
- Division of property