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De Facto Relationships When a de facto relationship breaks down, property settlement and child custody and maintenance issues are governed by the Family Law Act 1975 in all Australian states and territories except for Western Australia. For de facto relationships in Western Australia, the relevant legislation is the Family Court Act 1997. Section 4AA of the Australian Family Law Act 1975 and section 13A of the Interpretation Act 1984 in Western Australia describe a defacto relationship as one in which a couple lives together on a genuine domestic basis. This applies to different sex or same sex relationships. If you have been legally married to each other, or are related by family, then it is not a de facto relationship. If one party is legally married, they can still be considered to be in a de facto relationship with someone else. As a general rule most relationships aren’t considered to be de facto unless the couple has lived together for two years without separation. However, the

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