Your Rights Tag

One area of family law in which there can often be a degree of confusion, and where family lawyers are often asked for advice, is de facto relationships. That confusion ranges from someone not knowing whether they are in a de facto relationship, to needing to know what their rights are should the relationship end. We'll start with that basic understanding of a de facto relationship and as it stands in Australian family law, a de facto relationship is regarded in almost the same way as a marriage and the rights of each individual in a de facto relationship are effectively the same. However, where some people become confused is that they think merely being in a sexual relationship and living with someone means they are in a de facto relationship. It does not. The Family Law Act states that a de facto relationship is one between two people who are not legally married, nor are they related to each other as family. Finally, and this is what differentiates de facto and non de facto relationships, the couple must have been living together on a 'genuine domestic basis'.
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