Western Australian Current Acts Western Australian Current Acts (1) A reference in a
written law to a de facto relationship shall be construed as a reference to a
relationship (other than a legal marriage) between 2 persons who live together
in a marriage-like relationship.
(2) The following
factors are indicators of whether or not a de facto relationship exists
between 2 persons, but are not essential —
(a) the
length of the relationship between them;
(b)
whether the 2 persons have resided together;
(c) the
nature and extent of common residence;
(d)
whether there is, or has been, a sexual relationship between them;
(e) the
degree of financial dependence or interdependence, and any arrangements for
financial support, between them;
(f) the
ownership, use and acquisition of their property (including property they own
individually);
(g) the
degree of mutual commitment by them to a shared life;
(h)
whether they care for and support children;
(i)
the reputation, and public aspects, of the relationship
between them.
(3) It does not matter
whether —
(a) the
persons are different sexes or the same sex; or
(b)
either of the persons is legally married to someone else or in another de
facto relationship.
(4) A reference in a
written law to a de facto partner shall be construed as a reference to a
person who lives, or where the context requires, has lived, in a de facto
relationship.
(5) The de facto
partner of a person (the first person ) is the person who lives, or lived, in
the de facto relationship with the first person.
[Section 13A inserted: No. 3 of 2002 s. 85.]