When is a relationship considered de facto?

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Family Law

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Relationships are considered de facto when two people, regardless of their gender, live together in a genuine domestic arrangement and are not legally married to each other.

The law recognises de facto relationships as having the same legal rights and responsibilities as married couples in various aspects of family law.

To be classified as de facto, the couple must meet certain criteria, including a mutual commitment to a shared life, living together on a genuine domestic basis, and presenting themselves as a couple to the public.

The duration of the relationship is also a factor, with different states having specific timeframes, typically ranging from two to three years, to be considered de facto.

Additionally, other factors such as financial interdependence, joint ownership of assets, and shared responsibilities for children or household tasks may also be considered in determining whether a relationship is de facto.

De facto couples have legal rights in areas such as property division, spousal maintenance, and child custody, should the relationship break down.

Geelong Legal can provide guidance and advice on de facto relationships and the legal implications they may have. Our experienced Geelong family lawyers assist clients with a range of family law matters.

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