Am I a ‘De Facto’ for Family Provision?

Contrary to popular belief, there is no hard and fast rule about whether or not you are a de facto for the purpose of family provision claims.  

The court will consider all of the circumstances of that particular relationship, including (but not limited to) 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 or 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
• 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 borderline de facto and can be difficult to establish in accordance with the above criteria.  

If you believe you are a de facto but are uncertain we suggest you book a free 15-minute phone consult to discuss your circumstances with an experienced will dispute lawyer.