References to de facto partners
11 References to de facto partners
A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person.
A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married.
In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case:
the duration of the relationship;
the nature and extent of their common residence;
the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
the ownership, use and acquisition of their property;
the degree of mutual commitment to a shared life;
the care and support of children;
the reputation and public aspects of the relationship.
No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple.
For the purposes of subclause (3), the following matters are irrelevant:
whether the persons are different sexes or the same sex;
whether either of the persons is legally married to someone else or in another de facto relationship.
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