What is a de facto relationship? It’s complicated

“W hen does a de facto relationship start?”, is a question I often get asked.

The reason that it is a common question is that there are different definitions for different purposes.

There has never really been any hard and fast rules about when people are in a de facto relationship.

In the eyes of the law to be in a de facto relationship, two people must be living together on a “genuine domestic basis”.

FACTORS USED TO DECIDE THIS INCLUDE:

The duration of the relationship The nature and extent of common residence

Whether a sexual relationship exists (or existed)

The degree of financial dependence on each other and the financial support that has occurred

Whether there has been any property (real estate or other assets) that have been purchased together

Whether there was a degree of mutual commitment to a shared life

Whether the general public believed that people were in a de facto relationship, and

Whether there were children of the relationship and the care arrangements for the children.

In making a determination about whether a relationship exists, a court does not have to find that all of the criteria mentioned above exists for it to make a declaration that a relationship

existed. A court can use its discretion and give weight to the factors it thinks are appropriate when making this type of determination.

Our team of family lawyers in Ipswich, Brisbane and Toowoomba are available to assist in de facto parenting and property matters.

Contact one of our offices today to make an initial appointment.