De Facto Relationships and How Divorce Law Applies to Them
De facto relationships is one in which two people who are not legally married to one another act as if they are indeed married, and it is relationship which has specific laws which apply to it if that couple separate and this is why family lawyers who specialise in divorce play an important role part in the separation of de facto couples.
What Is A De Facto Relationship?
In Australia a de facto relationship, especially, is when two people live together and behave like a married couple despite not being legally married to one another. These two people can be either opposite or same-sex and can live together on a “genuine domestic basis.”
If, in fact, two partners are living on a “genuine domestic basis” and perceived as a de facto couple, then if their separation becomes a matter for the court it may look into information such as:
- The duration of a relationship
- The existence of a sexual relationship
- Common residence nature an extent
- A property’s ownership, acquisition, and use
- The extent of financial interdependence or dependence and financial support arrangements
- To see whether a relationship is or had been registered under a state/territory’s prescribed law
- Caring and supporting children to the couple’s relationship
- The extent of the intended party’s’ mutual commitment to a shared life
- The relationship’s public aspects and reputation
