S v B

[2004] QCA 449

Queensland Court of Appeal

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Interrogate

Catchwords

1. Family Law and Child Welfare
2. › De facto relationships
3. › Existence of relationship
4. › Whether parties living together on a genuine domestic basis
5. › Relevant indicia
6. › Acts Interpretation Act 1954 (Qld), s 32DA
1. Family Law and Child Welfare
2. › De facto relationships
3. › Termination of relationship
4. › When de facto relationship ceases
5. › Whether one party's unilateral decision to end relationship sufficient
6. › Whether mutual acceptance of end required
7. › Distinction between marriage and de facto relationship
1. Family Law and Child Welfare
2. › De facto relationships
3. › Transitional provisions
4. › Whether relationship existed at commencement of Part 19
5. › Onus of proof on party asserting relationship
6. › Property Law Act 1974 (Qld), ss 257, 258(1), 260, 261

Quick Take

The party asserting the existence of a de facto relationship at a particular date bears the onus of proving the positive aspects of the relationship, unlike in marriage where the party asserting separation must prove the negatives. A de facto relationship ends when one party determines not to live together with the other in the required degree of mutuality and acts on that decision, even without communicating the decision or obtaining the other party's acceptance. Where the relationship lacked concrete indicia such as joint property, joint accounts, or public acknowledgement, less evidence is needed to establish cessation.