7 Factors That Determine Whether You’re in a De-Facto Partnership

In Australia, when a de facto relationship ends, there may be entitlements for property settlement, just as there are for married couples. To determine whether a couple is in a de facto relationship, the court will consider several factors. It is important to note that not all of these factors need to be present for a relationship to be considered de facto. The court will consider the totality of the circumstances when making this determination. The factors include:

• how long the couple has been living together and whether they have been living together continuously;
• how the couple lived together, including whether they shared a home, how they shared household duties, and whether they shared finance;
• whether the couple was in a sexual relationship;
• whether the couple was financially dependent on each other and whether there were any financial arrangements between them;
• how a property was owned and used during the relationship and how the couple came to own it.
• whether the couple had a shared commitment to a life together.
• how the couple cared for and supported any children they have; and
• how other people viewed the couple’s relationship and whether they were seen as a couple in the community.

If you have any questions about separating from a de-facto relationship, please contact us immediately. Our family lawyers are more than happy to answer any related legal questions for you. *Disclaimer: This document is only a general guidance and cannot be regarded as a specific answer to your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss of damage caused by any person due to the information contained or missing in the document.