Property (Relationships) Act 1976

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2D Meaning of de facto relationship

(1)

For the purposes of this Act, a de facto relationship is a relationship between 2 persons (regardless of their sex, sexual orientation, or gender identity)—

(a)

who are both aged 18 years or older; and

(b)

who live together as a couple; and

(c)

who are not married to, or in a civil union with, one another.

(2)

In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:

(a)

the duration of the relationship:

(b)

the nature and extent of common residence:

(c)

whether or not a sexual relationship exists:

(d)

the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:

(e)

the ownership, use, and acquisition of property:

(f)

the degree of mutual commitment to a shared life:

(g)

the care and support of children:

(h)

the performance of household duties:

(i)

the reputation and public aspects of the relationship.

(3)

In determining whether 2 persons live together as a couple,—

(a)

no finding in respect of any of the matters stated in subsection (2), or in respect of any combination of them, is to be regarded as necessary; and

(b)

a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.

(4)

For the purposes of this Act, a de facto relationship ends if—

(a)

the de facto partners cease to live together as a couple; or

(b)

one of the de facto partners dies.

Compare: Property (Relationships) Act 1984 s 4(1)–(3) (NSW)

Section 2D: inserted, on 1 February 2002, by section 8 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

Section 2D(1): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 2D(1)(c): amended, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).