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DeFacto Law Disputes

The Law defines "defacto spouse" as:

either one of two persons, whether of the same or the opposite sex, who are living or have lived together as a couple. Two persons are a couple if they live together on a genuine domestic basis in a relationship based on intimacy, trust and personal commitment to each other. Two persons are not a couple only because they are co-tenants.

The Law defines "child" of a defacto spouse to mean:

1. a biological child of the defacto spouses; or

2. a child of the female defacto spouse whose male defacto spouse is presumed or proved to be the father of the child under an act of the Commonwealth or State; or

3. a child adopted by the defacto spouses; or

4. a child who, at the time during the defacto relationship, is or was treated by either defacto spouse as a child of the relationship and ordinarily a member of the defacto spouses household.

We can help you by advising you, at any point, from the commencement of your relationship onwards. This includes the following areas:

• Property

• Cohabitation

• Separation Agreements - the Law facilitates defacto partners entering into agreements that can govern their financial circumstances during and/or at the end of their relationships

• Resolution of financial matters by the court -apply to the court to make orders altering interest in property on the break down of the relationship, granting injunctions to protect property and other matters.  

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