What is a De Facto Relationship.
The term "de facto relationship" is defined in Section 4AA of the Family Law Act.
(1) A person is in a de facto relationship with another person if;
(a) the persons are not legally married to each other; and
(b) the persons are not related by family;
(c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
(5) for the purposes of this Act;
(a) a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex; and
(b) a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship.
For a full definition click the link to Section 4AA of the Family Law Act.
One should note that before the recent amendments to the Act, the regulation of De Facto Relationships (also known as domestic partnerships) came under state legislation. So each of the individual states and territories drafted their own set of laws to govern relationships outside of marriage.
For decades defacto and same sex interest groups have lobbied parliament to have their relationships recognised under the provisions of the Family Law Act. Now de facto and same sex couples in most states have the same access to the law as married couples have had since 1975.
All the Eastern states (Qld, NSW, Vic and Tasmania) plus the two territories (ACT and NT) have referred their powers under state legislation to the commonwealth, which leaves South Australia and Western Australia choosing to regulate domestic relationships themselves. SA seams stuck in the past and WA has its own Family Court Act which mirrors much of the legislation in the Family Law Act.
Specifically, provisions that relate to Financial matters concerning defacto relationships can be found under PART VIIIAB of the Act.
90UB. Financial agreements before de facto relationship – More Information.
Or BUY NOW from the table below
90UC. Financial agreements during de facto relationship – More Information.
Or BUY NOW from the table below
90UD. Financial agreements after breakdown of a de facto relationship – More information
Or BUY NOW from the table below
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And you intend to live together - Choose the Financial Agreement 90UB Kit |
And you are already living together - choose the Financial Agreement 90UC Kit |
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If You Are Living in Western Australia |
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And you intend to live together - Choose the Financial Agreement |
And you are already living together - choose the Financial Agreement |
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If You Are Living in South Australia |
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And you intend to live together - Choose the Financial Agreement |
And you are already living together - choose the Financial Agreement |
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