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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 4
De facto relationships
4 De facto relationships
(1) For the purposes of this Act, a de facto relationship is a relationship
between two adult persons-- (a) who live together as a couple, and
(b) who
are not married to one another or related by family.
(2) In determining
whether two persons are in a de facto relationship, all the circumstances of
the relationship are to be taken into account, including such of the following
matters as may be 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) No finding in respect of any of the matters
mentioned in subsection (2) (a)-(i), or in respect of any combination of them,
is to be regarded as necessary for the existence of a de facto relationship,
and a court determining whether such a relationship exists 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) Except as
provided by section 6, a reference in this Act to a party to a
de facto relationship includes a reference to a person who, whether before or
after the commencement of this subsection, was a party to such a relationship.
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