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Am I in a de facto relationship?

A de facto relationship is defined in the Family Law Act 1975 as a couple living together on a genuine domestic basis. In determining the circumstances of a ‘genuine domestic basis’ the Court will consider some of the following:

  • How long the relationship lasted
  • The care of any children
  • The degree of financial dependence or interdependence
  • The ownership and use of your property

Can I apply to the Court for children’s matters if I am in a de facto relationship?

Yes. Both the Family Court and the Federal Circuit Court deal with children’s matters of de facto relationships in the exact same way as children’s matters of married couples.

Can I apply to the Court for property and financial matters if I am in a de facto relationship?

Yes, you can. De facto financial and property matters are determined in the same way as married couples. If applying for orders, de facto financial orders must be applied for within 2 years of the breakdown of the relationship.

If you have any questions about your de facto circumstances, please do not hesitate to contact our office.

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