When Does A De Facto Relationship Begin And End
Introduction
De facto relationships are becoming increasingly common in Australia. It is essential to understand the legal implications surrounding the beginning and end of a de facto relationship, especially in matters related to family law.
When Does a De Facto Relationship Begin?
In South Australia, a de facto relationship is deemed to have begun when two people of the same or different sex live together on a genuine domestic basis as a couple. Factors such as the duration of the relationship, financial dependence, and public acknowledgment can also be considered in determining the start of a de facto relationship.
Duration of the Relationship
The length of time the couple has lived together can play a significant role in establishing the existence of a de facto relationship. Generally, a relationship of at least two years is recognised as a de facto relationship.
Financial Dependence
If the couple shares finances or supports each other financially, it can be an indication of a de facto relationship. Joint ownership of assets, joint bank accounts, or shared expenses can contribute to proving financial interdependence.
Public Acknowledgment
Publicly presenting themselves as a couple, introducing each other as partners, or mutual participation in social activities can demonstrate the existence of a de facto relationship.
When Does a De Facto Relationship End?
A de facto relationship is considered to have ended when the couple separates with no intention of resuming the relationship. The circumstances surrounding the separation, such as living arrangements, financial separation, and communication, can be crucial in determining the end of a de facto relationship.
Living Arrangements
If the couple stops living together or sharing a domestic life, it can be an indication of the end of the de facto relationship. Moving out of the shared residence and establishing separate living arrangements can mark the separation.
Financial Separation
Dividing shared finances, closing joint accounts, and separating financial responsibilities can signify the end of the financial aspect of the de facto relationship.
Communication and Intentions
The communication between the parties regarding the status of the relationship and their intentions for the future plays a pivotal role in determining the end of a de facto relationship. Mutual agreement on the separation and intentions to move on individually are essential factors.
Frequently Asked Questions
How long do you have to live together to be considered in a de facto relationship?
In South Australia, a de facto relationship is generally recognised if the couple has lived together for at least two years.
Do same-sex couples fall under the definition of a de facto relationship?
Yes, same-sex couples are included in the definition of a de facto relationship in Australian law.
Can a de facto relationship exist if the couple lives separately?
Yes, a de facto relationship can still exist even if the couple lives separately if they meet the other criteria of a genuine domestic relationship.
Contact Wright Street Lawyers for Legal Advice
If you have further questions or require legal assistance regarding de facto relationships or any other family law matters, contact Wright Street Lawyers in Adelaide, South Australia. Our experienced team specialises in family law, estate planning, probate, and criminal defense, and we are here to provide you with client-focused guidance and representation.
Contact us today to schedule a consultation and protect your legal rights.
