de facto couples

The Family Law Act 1975 defines persons as being in a de facto relationship if:

• The person are not legal married to each other;
• The person are not related by family; and
• The person are living together as a couple on a genuine  domestic basis.

The Act further sets out the indicia of a de facto relationship as including:

• the duration of the relationship;
• the nature and extent of their common residence;
• whether 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 their property;
• the degree of mutual commitment to a shared life;
• whether the relationship is or was registered under a prescribed law of a sate or territory as a prescribed kind of relationship;
• the care and support of children; and
• the reputation and public aspects of the relationship.

Do you know if you are in a de facto relationship? This is important because if you are unable to satisfy the Family Court that a de facto relationship exists/ed then the jurisdiction of the court may not be enlivened.

married couples

Traditionally, the classic definition of marriage was defined as “the voluntary union for life of one man and one woman to the exclusion of all others.” 

However on 9 December 2017, The Parliament of Australia passed legislation providing marriage equality in Australia. Marriage will now be defined in the Marriage Act 1961 (Cth) as the “union of two people to the exclusion of all others, voluntarily entered into for life”. Same-sex couples now have the same rights under the Marriage Act as all other couples.

At McAdam Family Law on the Gold Coast we provide advice and assistance in relation to all aspects of de facto and married couples. If you require assistance in relation to issues associated with marriage contact McAdam Family Law on the Gold Coast today to organise a consultation.