Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 4AA

Meaning of   de   facto   relationship

  (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 (see subsection   (6)); and

  (c)   having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

Paragraph   (c) has effect subject to subsection   (5).

Working out if persons have a relationship as a couple

  (2)   Those circumstances may include any or all of the following:

  (a)   the duration of the relationship;

  (b)   the nature and extent of their common residence;

  (c)   whether a sexual relationship exists;

  (d)   the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

  (e)   the ownership, use and acquisition of their property;

  (f)   the degree of mutual commitment to a shared life;

  (g)   whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;

  (h)   the care and support of children;

  (i)   the reputation and public aspects of the relationship.

  (3)   No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a   de   facto   relationship.

  (4)   A court determining whether a   de   facto   relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

  (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.

When 2 persons are related by family

  (6)   For the purposes of subsection   (1), 2 persons are related by family if:

  (a)   one is the child (including an adopted child) of the other; or

  (b)   one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or

  (c)   they have a parent in common (who may be an adoptive parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or has ceased to have effect.