Last amended: 1 July 2009
According to section 11A [2] VEA an appraisal is required of the financial arrangements when forming an opinion about the existence or not of a de facto relationship [3]. 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 [3], whether married [3] or not, may choose to keep their financial and property arrangements separate, for socio-cultural, financial, legal or other reasons.
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:
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:
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:
Consideration of the social aspects are an important part of forming an opinion about whether a de facto relationship [3] exists including:
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 [3] or in a de facto relationship [3].
Consideration is given to whether the two people share social and family activities together, such as:
The presence of a sexual relationship does not by itself prove the existence of a de facto relationship [3]; 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 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:
Consideration is given to each of the person's own ideas and perceptions about:
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.
The following factors may also be considered in the assessment of a de facto relationship [3]:
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 [4] 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) [5]of the VEA [5]a person is a member of a couple, if they are:
The term “partnered” is also commonly used.
The term member of a couple [3] 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 [4] 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 [4] of VEA.
The term member of a couple [3] 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 [4] 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 [4] 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 [4] 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 [4] 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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16134%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[3] https://clik.dva.gov.au/%23
[4] http://clik.dva.gov.au/legislation-library
[5] http://www.comlaw.gov.au/Series/C2004A03268