Relationship Property

Question 1

De facto relationship (3yr)

Answer 1

Relationship between two persons who are both 18yrs or older, who live together as a couple, who are not married or in a civil union.

Question 2

Determining if 2 persons live together as a couple (s2D)

Answer 2

Includes any of the following matters: duration of relationship, nature and extent of common residence, sexual relationship, financial dependence, property, commitment, children, household duties, reputation.

Question 3

Multiple de facto relationships

Answer 3

Court would consider:
- duration of each relationship,
- extent of financial dependence,
- property ownership,
- public aspects of relationship.

Question 4

PRA section 1N(b)

Answer 4

At the end of the relationship all forms on contribution are presumed equal.

Question 5

Unequal division of relationship property (s13)

Answer 5

Test:
1. Establishing extraordinary circumstances
2. Justifying why equal sharing would be repugnant to justice
3. Assessing contributions.