Are you in fact in a De Facto Relationship?

The Full Court of the Family Court of Australia recently dismissed an appeal on the basis that the appellant female was in a de facto relationship with a male, contrary to the female’s opinion and belief. In Cuan & Kostelac [2017] FamCAFC 188 (12 September 2017), it was established that a female working a job on a ‘fly in fly out basis’, spending 2 out of every 8 weeks in a residence of the male, was to be considered a de facto partner. In reaching its decision, the Full Court considered, among other things, the following factors relevant to establishing a de facto partnership:

  1. the existence of a previously sexual relationship;
  2. the nature and extent of a common residence;
  3. substantial intermingling of assets, financial support and financial control exercised between the parties; and
  4. mutual social interactions, travel and third party perceptions of the relationship.

Your relationship status can greatly affect your legal rights in relation to past, current and future matters.

It is important to remember that the Court has wide discretion in determining what might be appropriate based on the circumstances of your individual case.

If you are unsure about your legal rights in your current relationship, we encourage you to seek legal advice as soon as possible so that you know where you stand and whether you need to consider Prenuptial Agreements or Cohabitation Agreements to protect your assets. Call Fedorov Lawyers now on 1300 768 719 for immediate advice.

Enquire today!

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