Jump to content

New de facto ruling


wrussell

Recommended Posts

On 11 June 2015, the Federal Court of Australia Full Court (FCAFC)

found that a couple do not need to have lived together to satisfy the requirement of ‘live together or live separately and apart on a permanent basis’, which is prescribed in the s5CB definition of ‘de facto relationship’.

This decision quashes the Federal Circuit’s decision of 26 March 2014, which found that a couple cannot meet the definition of de facto partners, as prescribed in s5CB of the Act, if they have never lived together.

Link to comment
Share on other sites

On 11 June 2015, the Federal Court of Australia Full Court (FCAFC)

found that a couple do not need to have lived together to satisfy the requirement of ‘live together or live separately and apart on a permanent basis’, which is prescribed in the s5CB definition of ‘de facto relationship’.

This decision quashes the Federal Circuit’s decision of 26 March 2014, which found that a couple cannot meet the definition of de facto partners, as prescribed in s5CB of the Act, if they have never lived together.

I remember seeing something about this a few months back. Is ther a link to the ruling please.

Link to comment
Share on other sites

to dumb this down for people (including me ha) what does this mean?

In a nutshell, a couple can be a couple without actually living together - if they are forced apart by work for instance.

As long as they don't intend to live apart permanently, and have shared lives, having to live apart is not a bar to proving they are a couple - whether married or not.

 

I'm sure wrussell can expand more lucidly!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...