When it comes to dividing up relationship property many people are unsure as to whether they are in a de facto relationship.
A de facto relationship exists only when both parties are aged at least 18 and they have been living together as a couple but are not married to each other or in a civil union.
There are a list of criteria that a court will consider when deciding whether or not parties have been living in a de facto relationship which are set out in the Act. Those criteria include the following:
- The length of the relationship;
- The extent to which you shared a home;
- The degree to which your finances were merged;
- How your property was owned and used;
- Whether you had a sexual relationship;
- How you cared for and supported any children either of you had;
- Who performed household duties;
- Your mutual commitment to a shared life;
- Whether others saw you as a couple and any other matters as may be appropriate.
The court will consider these factors and make a finding as to whether a de facto relationship exists. If parties have been living in a de facto relationship for more than three years, then the equal sharing provisions of the Act will apply to all relationship property.
For many couples it can be difficult to determine when their relationship became a de facto relationship. It is not uncommon for modern couples to have a gradual progression from a “dating” relationship to a de facto or living together relationship. It might be that one party owns a home and the other person slowly starts spending more and more nights at the other party’s home. At some point during this time, it is likely that a de facto relationship has commenced even if the parties have not formally decided to start living together.
If you are uncertain as to whether or not you are in a de facto relationship, then you should seek legal advice as there are significant consequences that can flow once you have been in a de facto relationship for more than three years.
