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In some
States, the definition of a ‘de facto’
relationship has been changed to
include same-sex relationships by removing any
reference to the gender of de facto
partners. This change has, in effect,
included same sex partners in the definition of
‘de facto’. This important change affected a
wide range of laws, including those relating to
wills and estates.
Same-sex couples may now
be considered de facto spouses provided they
meet the standard
requirements for a de
facto relationship; namely, that each person
was the only partner of the other person and
not in another de facto relationship.
The following issues
will determine whether or not a same sex
relationship qualified as ‘de facto’:
- how long the relationship lasted
- how long the couple cohabited
- was there a sexual relationship
- what level of financial dependence
existed between the parties
- was property owned, used and
acquired
- was there evidence of a mutual
commitment to sharing their lives
- how were household duties
performed
- how was the relationship perceived by
other outside the relationship
Most other states and
territories have followed NSW, which was the
first to introduce the changes, and
some have made even more sweeping
changes.
So a same-sex partner of
a deceased person has the same rights as a
heterosexual de facto spouse.
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