{"id":65981,"date":"2023-03-03T04:55:30","date_gmt":"2023-03-02T17:55:30","guid":{"rendered":"https:\/\/timesnewsgroup.com.au\/bellarinetimes\/?p=65981"},"modified":"2023-03-02T17:57:08","modified_gmt":"2023-03-02T06:57:08","slug":"de-facto-relationships-in-family-law","status":"publish","type":"post","link":"https:\/\/timesnewsgroup.com.au\/bellarinetimes\/living\/de-facto-relationships-in-family-law\/","title":{"rendered":"De facto relationships in family law"},"content":{"rendered":"

BY CHARLOTTE BRANCATISANO, FAMILY LAWYER<\/p>\n

It is commonly assumed that in family law, if you live together you are automatically considered to be in a “de facto relationship”.<\/p>\n

However, that is not the case and living with someone else does not always mean that a de facto relationship exists.<\/p>\n

So what is the meaning of a de facto relationship for family law purposes?<\/p>\n

Firstly, you cannot be legally married to be a de facto couple \u2013 the Family Law Act 1975 has separate provisions for married couples and property claims.<\/p>\n

Secondly, you cannot be related by family.<\/p>\n

Thirdly, and the point that is most likely to be contentious, you need to have “a relationship as a couple living together on a genuine domestic basis” (section 4AA(1)(c) of the Family Law Act 1975), taking into account of the circumstances of the relationship.<\/p>\n

Living together, on its own, does not meet the definition.<\/p>\n

If there is a dispute about whether a de facto relationship exists, a number of factors are taken into account to determine the nature of the relationship, such as:<\/p>\n

The relationship \u2013 its length, the degree of mutual commitment to a shared life, where parties lived and whether there was a sexual relationship<\/p>\n

How parties financially supported each other and whether property and assets where owned or used jointly or individually<\/p>\n

\"\"
Wightons family lawyer Charlotte Brancatisano.<\/figcaption><\/figure>\n

 <\/p>\n

Whether the relationship is or was registered under particular laws * The care and support of children, and how the relationship was portrayed to other people both in public and within the family<\/p>\n

No one of these factors necessarily decides the issue on its own.<\/p>\n

The recent appeal judgement of Denys & Kellett [2022] FedCFamC1A 223 highlights that the test is whether in having regard to all of the circumstances of the relationship, the parties were living together on a genuine domestic basis.<\/p>\n

If there is a de facto relationship, that also does not automatically mean you have a family law claim for a financial settlement.<\/p>\n

The relationship needs to have broken down. You also need to meet one of the four “gateway” criteria:<\/p>\n