A De-facto relationship exists between two people if:
- They are not legally married to each other;
- They are not relatives (related by blood); and
- Are living together as a couple (in a romantic relationship) on a genuine domestic basis.
Alternatively, if a couple has children they will automatically qualify as a de facto couple regardless of whether they are living together or not. It is also worth noting that a de facto relationship can still exist even if one of the parties is legally married to someone else. This may not necessarily mean however that you can obtain a property settlement as there are additional requirements under the Family Law Act 1975 including considering the length of the relationship, whether substantial contributions were made and whether you have children together. If you need advice regarding De-facto relationships, please contact our experienced family lawyers at Nevett Ford Lawyers on (03) 9614 7111.