A guide to what it means to be de facto and past the 'puppy love' phase. As lawyers, this is something we get asked about all the time. The reality is the point in which harmless dating becomes a serious relationship can often be overlooked. Unfortunately, it is not so clear cut.
When determining de facto status, the court will place your relationship under the microscope and consider any or all of the following factors:. The duration of your relationship;. Whether you and your partner were living together and, if so, the nature of your shared residence;. Whether a sexual relationship existed;. Whether your finances were shared or remained separate, and the degree of financial dependency between you both if any ;.
The ownership of property;. The care and support of any children;. Whether the relationship was formally registered under a prescribed State or Territory law;. The public perception and reputation of your relationship. Have you unwittingly been in a de facto relationship? Considering the above, have you unwittingly been in a de facto relationship?
The Family Law Act specifically states that an individual can be in more than one de facto relationship at a time, even if they are legally married to another. So, even if you think your relationship is detached, low-key or away from the public eye, it is important to take the necessary steps to protect yourself from being susceptible to claims from ex, or current, partners.
Whatever your scenario, the team at CPC Lawyers are here to offer professional, well-rounded advice relating to asset protection.
