De Facto Relationships Act 1991

For this Act, 2 persons are in a de facto relationship if they are not married but have a marriage-like relationship.

To determine whether 2 persons are in a de facto relationship, all the circumstances of their relationship must 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 common residence;

whether or not a sexual relationship exists;

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

the ownership, use and acquisition of property;

the degree of mutual commitment to a shared life;

the care and support of children;

the performance of household duties;

the reputation and public aspects of their relationship.

For subsection (2), the following matters are irrelevant:

the persons are different sexes or the same sex;

either of the persons is married to another person;

either of the persons is in another de facto relationship.

Part 2 Power of Courts to declare existence of relationships, to declare and adjust interests in property, and make maintenance orders

Division 1 Jurisdiction