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Am I a 'De Facto' for Family Provision Purposes?

The definition of 'de facto relationship' comes from s.4 of the Property (Relationships) Act 1984 (NSW).

In deciding whether or not a couple are in a de facto relationship the court will consider the following: 

  • the duration of the relationship;

  • the nature and extent of common residence;

  • whether or not a sexual relationship exists;

  • the degree of financial dependence of interdependence, and any arrangements for financial support between the parties;

  • 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; and

  • the reputation and public aspects of the relationship.

It is not necessary to establish all of the above factors, they will be considered in isolation or combination.  For example, it is possible to be in a de facto relationship but not share a common residence.

Some 'relationships' are borderine de factos and it can be difficult to establish in accordance with the above criteria.  

If you believe you are a de facto but are uncertain you are welcome to call us on 1800 720 211 and discuss the particulars of your situation with a will dispute lawyer.

See also: Family Provision for Spouses and De Factos