If it is the same, then what is different?

In some cases, it is are easy to determine whether two persons are in a de facto relationship, however sometimes it is not. This is more frequently considered by the Court in a time where parties enjoy greater flexibility in how they structure their relationships – for example, living overseas whilst maintaining a relationship, or electing not to intermingle finances.

The determination as to whether or not there has been a de facto relationship necessary to determine:

• Whether there has been a de facto relationship at all; and
• When a de facto relationship began, and when it ended.

This is relevant to:

• Property settlements
• Spouse and de facto maintenance
• Whether a person is considered a parent in circumstances where a child has been conceived via IVF