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The first thing to understand in this process is where you stand, how best to move forward and how best to protect yourself and your assets. Not being married does not decrease your rights to protect your assets , however, it may change your approach to separation. There is a lot of confusion around what is a de facto partner. How do you work out if you are in a de facto relationship? Simply put, a de facto partner is your partner that you have not married, yet live together on a genuine domestic basis.
Essentially, to determine if you are in a de facto partnership , the court would look at one or more of the following criteria:. You need not show all of the above factors to establish a de facto relationship.
In assessing whether one exists, the Court may also consider:. It is important to note that not all of the factors are prerequisites for there to be a de facto relationship. For example, while most de facto partners live together, it is possible to have a de facto partner while living separately. Although, there are some differences:. If you separate, there is no cost of divorce.