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Galbally & O’Bryan
Same Sex De Facto Relationships - What constitutes a same sex de facto relationship?
- You have to be living together as a couple on a genuine domestic basis.
- The Family Law Act lists circumstances to consider when working out whether people are in a relationship as a couple. You do not have to meet all of these to be in a same sex de facto relationship:
• How long you have been together;
• Whether you lived in the same house together;
• The circumstances of your living together;
• Whether or not you have a sexual relationship;
• Your financial relationship with each other;
• Your ownership and use of property and how it was bought;
• Your commitment to a shared life together;
• Whether you are on a relationship register;
• Whether you care for and support children;
• Whether you are known in the community as being in a relationship;
• You can be in more than one de facto relationship at a time. Someone can also be married and in a de facto relationship at the same time;
• Generally you need to be in a de facto relationship for two years (except in some limited circumstances) before the law will apply.
The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner.