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Contents » Schedule 1 - OATHS AND AFFIRMATIONS » Part 2 - OTHER EXPRESSIONS
Clause 11 References to de facto partners
(1)A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person.
(2)A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married.
(3)In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case—
(a)the duration of the relationship;
(b)the nature and extent of their common residence;
(c)the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
(d)the ownership, use and acquisition of their property;
(e)the degree of mutual commitment to a shared life;
(f)the care and support of children;
(g)the reputation and public aspects of the relationship.
(4)No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple.
(5)For the purposes of subclause (3), the following matters are irrelevant—
(a)whether the persons are different sexes or the same sex;
(b)whether either of the persons is legally married to someone else or in another de facto relationship.
(6)Despite subclauses (3) and (4), a person is in a de facto relationship with another person if those two persons are in a registered relationship within the meaning of the Relationships Act 2008.
The Commonwealth Act and New South Wales Act do not include subclause (6). ═══════════════ ENDNOTES By Authority. Government Printer for the State of Victoria.