The Bedroom is Where it Counts... Right?

When most people think of a de facto partnership, they think of a couple who live together and are not married.

 

While that is correct, in the eyes of the law, that is not entirely the case.

In fact, sharing a house or even a room (with your partner) does not necessarily mean that you will be considered a de facto partner should one of you pass away, and therefore entitled to the deceased’s Estate.

When assessing if you were or were not a de facto partner, the court takes into consideration a wide range of factors relating to your relationship to establish whether you were living together on a “genuine domestic basis”. This includes how dependent or independent your finances were, if you have any mutual interest in property or other investments, if there were any children in the relationship, and how you presented as a couple to the public. Sharing a common residence is a factor that the court considers, however it does not necessarily hold more ‘weight’ than any other circumstances.

However, the court will often look at why a couple is not living together when determining their relationship status as this will often tie into the nature of the relationship. For example, if you and your partner were living separately because of work or study commitments, or even caring for an incapacitated loved one, this would be looked at more favourably than if you were not living together simply because you did not want to. This is because the unwillingness to cohabitate or ’merge lives’ does not show a mutual commitment to a shared life, which is one factor the court will consider.

Your relationship status is crucial for many different legal situations, like matters that include property division, matters concerning children and parental responsibilities, and even drafting your Will. The most important, however, is during the administration of your Estate. This is because spouses (including de facto partners) receive priority if the deceased has died without a Will.

To ensure that the Estate of your loved one has been administered correctly, contact MMLaw today.

Dhanya Panikkar | Senior Associate

MMLaw

The information in this document represents general information and should not be relied on for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact MMLaw.