A period of imprisonment, even a lengthy one, does not automatically terminate a de facto relationship for the purposes of the De Facto Relationships Act 1984 (NSW). The focus is on the intention of the parties rather than the nature or length of the physical separation. Where both parties intend the relationship to continue and cohabitation to resume upon release, the relationship subsists during imprisonment, with the consequence that the limitation period under s 18(1) does not begin to run from the date of sentencing.
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