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Factors Considered to Assess a De facto Relationship Exists

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Last amended: 1 July 2009

Consideration of the financial arrangements

According to section 11A VEA an appraisal is required of the financial arrangements when forming an opinion about the existence or not of a de facto relationship. The presence of financial support or interdependence may be a strong indicator of the presence of a de facto relationship. However, when other factors are present, the absence of such arrangements does not rule out the existence of a de facto relationship. Each or one member of a couple, whether married or not, may choose to keep their financial and property arrangements separate, for socio-cultural, financial, legal or other reasons.

Financial indicators of a possible de facto relationship

The following list is intended as a guide only and is not an exhaustive list of the possible joint financial arrangements which may be taken into account:

  • joint ownership of property and major assets,
  • joint pooling of finances, shared accounts, credit cards, loans
  • acting as guarantor for loans,
  • legal obligations owed by one person in respect of the other person,
  • shared responsibility for electricity, gas and telephone accounts,
  • shared responsibility for everyday household expenses,
  • nomination as beneficiaries of wills, trusts, insurance policies, compensation or superannuation
  • claiming a person as a dependent for tax purposes
Nature of the household

The following list is intended as a guide only and is not an exhaustive list of the possible domestic arrangements which may be taken into account when assessing the character of a relationship:

  • joint responsibility for providing care or support of children, natural, step, fostered or adopted
  • the living arrangements of the people, eg exclusive use of certain rooms
  • the residence regarded as the people's usual home,
  • shared ownership of the home, or contribution towards maintenance costs, renovation or capital expenditure
  • arrangements for paying the rent, mortgage and expenses,
  • names in which the tenancy has been recorded,
  • usual occupants,
  • the layout of the residence, including the number of rooms and their various functions,
  • the basis on which responsibility for housework is distributed.
Presence of family unit for a couple with children

When two people are living together with their natural, step or adopted child/children, there is a strong indication that a family unit exists. The presence of a family unit may be indicated by the:

  • associations, arrangements for care and the extent of involvement with the children,
  • legal status of each member of the couple in respect of the children's parentage, adoption, custody, welfare and guardianship
  • names in which the children's births are registered,
  • details of the children's registration or enrolment at school, and
  • extent of financial or other support provided to the children, apart from the couple.
Social aspects of the relationship

Consideration of the social aspects are an important part of forming an opinion about whether a de facto relationship exists including:

  • whether the people hold themselves out as each other's partner,
  • the assessment of family, friends and regular associates of the people about the nature of their relationship,
  • whether either or both of the people are already married to other people and may be reluctant to disclose the status of their current relationship for personal reasons, eg impact on children, negative responses by family and friends to the current relationship,
  • whether either or both of the people are widowed and may be sensitive to being perceived negatively by family or friends,
  • whether the people chose not to refer to each other as married or de facto for social, religious or cultural reasons.
Representation of the two people as a couple in public

Consideration is given to whether the two people have consistently represented themselves to other parties, such as their landlord, the local community, business proprietors, as being married or in a de facto relationship.

Sharing of leisure time

Consideration is given to whether the two people share social and family activities together, such as:

  • how leisure time is spent, the frequency and level
  • emotional support provided to each other in time of crisis or illness
  • visiting relatives together and attending family functions
  • attending social functions together
  • planning and taking holidays together
  • level of companionship provided one another
Sexual relationship

The presence of a sexual relationship does not by itself prove the existence of a de facto relationship; nor does its absence prove one does not exist. Where a sexual relationship exists, consideration is given to whether it is ongoing and exclusive (whether there are ongoing casual relationships with other partners), in addition to the degree of emotional support provided and other forms of interdependence which may exist.

The nature of the people's emotional commitment to each other

The level of commitment to each other is considered  in terms of the emotional attachment between the two people and whether it is qualitatively different to the commitment of either party to anyone else. Factors indicating the two people's level of dedication to one another include:

  • the length of the relationship
  • level of obligation or duty demonstrated to one another and/or each other's families
  • concern demonstrated for one another's welfare and level of practical assistance provided in times of need
  • emotional support provided, especially during times of crisis or illness
  • the nature and level of companionship provided, level of disclosure of confidences
  • the level of involvement in one another's families and friends, level of closeness and familiarity
  • whether the nature of the commitment has changed, and how
  • whether the people consider that the relationship is likely to continue indefinitely, and
  • whether the people see their relationship as a de facto relationship.
Perceptions of the two people in the relationship

Consideration is given to each of the person's own ideas and perceptions about:

  • their relationship,
  • their understanding of a de facto relationship,
  • how they view their relationship, compared to the relationship between close relatives or friends, and
  • how they view their relationship as similar or different to that of other couples.

The couple may not perceive that they are in a de facto relationship, as they may be influenced by cultural, religious or social pressures, notwithstanding factors present which indicate a de facto relationship may exist.

Other indicators of a possible de facto relationship

The following factors may also be considered in the assessment of a de facto relationship:

  • nomination of each other as next of kin for employment purposes, accessing rental accommodation, health care, education of children
  • relationship status used for taxation, health, insurance, child care, welfare or other purposes
  • history of changed addresses together, moving interstate together or living overseas together
  • provision of care for one another's parents or close relatives


A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

According to Section 5E(2) of the VEA a person is a member of a couple, if they are:

  • legally married to another person and is not living separately and apart from the other person on a permanent basis; or
  • living in a prescribed registered relationship with the other person (whether of the same sex or a different sex) and is not living separately and apart from that other person on a permanent basis; or
  • all of the following conditions are met:
  • living with another person, whether of the same sex or a different sex;
  • not legally married to that person;
  • in a de facto relationship with that person; and
  • not in a prohibited relationship

The term “partnered” is also commonly used.

The term member of a couple generally replaces married person in the current VEA.

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

The term de facto is commonly used to describe persons living as a couple while not legally married. The term used in the VEA is de facto relationship which is defined in section 11A of VEA.

 

 

The term member of a couple generally replaces married person in the current VEA.

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.

 

 

A person is considered to be in a de facto relationship if the person is:

  • living with another person (their partner) whether of the same sex or a different sex;

  • not legally married to the partner; and

  • certain features of that relationship are typical for members of a couple, and

  • the person and the partner are not within a prohibited relationship

Refer to section 11A of the VEA for the full definition.

 

Note: A relationship needs to be established for a period of twelve months to be considered a 'de facto relationship' for VCES purposes.