Property Settlement: What is a de facto relationship?

A de facto relationship is a relationship that two people who are not married or related by family have as a couple living together on a ‘genuine domestic basis’. It can exist between 2 people of the opposite sex, or between 2 people of the same sex.

All the circumstances of the relationship will determine whether a couple have a de facto relationship.

These include:

• the duration of their relationship 
• the nature and extent of their common residence 
• whether a sexual relationship exists 
• the degree of financial dependence or interdependence, and any arrangements for financial support, between them 
• the ownership, use and acquisition of their property 
• their degree of mutual commitment to a shared life 
• whether the relationship has been registered, in a State or Territory with laws for the registration of relationships 
• the care and support of children, and 
• the reputation and public aspects of their relationship.

If you have a problem and require the assistance of an experienced Newcastle Family Lawyer’s, Mullane & Lindsay’s family Law team of Mark Sullivan, Vivien Carty, Ashleigh John and Kristy Davis at can assist you.