I have been in a relationship with my partner for more than 1 year and we have one child together. Are we in a de-facto relationship? I also heard that different elements of the relationship must be proved before the law recognises your de-facto relationship.
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Answer by Pearl Beaumont, Bronte 2024 NSW
- Same-sex and heterosexual couples can live in de-facto relationships.
- Sometimes there is a dispute about whether or not you are in a de-facto relationship with another person.
- The court will consider a number of different circumstances to decide if a de-facto relationship exists including:
- the amount of time spent together in a relationship;
- if you are living together as a couple;
- if you share finances or if one person is financially supported by the other;
- if you are in an intimate or sexual relationship;
- if you have children together; and
- if you own property together.
- Each case is different and will turn on the particular facts of the case.