If you are in an intimate relationship with another person, something that you may want to consider is whether the nature of the relationship with that person could result in a possible claim for property settlement if that relationship were to break down. Firstly, your family law lawyers will need to consider whether your relationship amounts to a de facto relationship. Considerations include the duration of the relationship, whether you have lived together, whether you attend events together socially, and whether you depend on each other financially.
Case Example
The case of Jonah v White (2011) considered whether someone you are having an affair with can amount to a de facto relationship. In this case, the Husband (H) had a 17 year long affair with a woman (Ms J). During the affair, H continued to live with his wife and three children. Family law lawyers for Ms J argued that the relationship she had with H amounted to a de facto relationship under the Family Law Act.
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