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Am I in a de-facto relationship?

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.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Separation & Divorce
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

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.

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