The Changing Meaning of De Facto Relationships

Millbank, J

The Changing Meaning of De Facto Relationships

Millbank, J

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Publisher:: Law Book
Publication Type:: Journal Article
Citation:: Current Family Law, 2006, 12 (2), pp. 82 - 93
Issue Date:: 2006-01

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Field	Value	Language
dc.contributor.author	Millbank, J https://orcid.org/0000-0002-8934-7945	en_US
dc.date.issued	2006-01	en_US
dc.identifier.citation	Current Family Law, 2006, 12 (2), pp. 82 - 93	en_US
dc.identifier.issn	1037-6631	en_US
dc.identifier.uri	http://hdl.handle.net/10453/892
dc.description.abstract	The meaning of "de facto relationship" has changed dramatically in Australian law in recent years. The most obvious changes are the raft of legislative reforms including same-sex couples as de facto couples in a wide array of state laws through 1999-2004. Additionally, an examination of recent case law reveals notable changes to the definition of "de facto relationship" through judicial interpretation, with a distinct trend towards a broader, more flexible interpretation of the de facto category, a less formalistic approach to the indicia of cohabitation, and a lesser focus on the traditional hallmarks that are thought to be "marriage-like" (such as public reputation, mingled finances and putative monogamy). These cases are important signposts as the Family Court will soon be grappling with questions around de facto relationships, including how to determine the existence and duration of a relationship.	en_US
dc.publisher	Law Book	en_US
dc.relation.ispartof	Current Family Law	en_US
dc.title	The Changing Meaning of De Facto Relationships	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	12	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	2	en_US
pubs.volume	12	en_US

Abstract:

The meaning of "de facto relationship" has changed dramatically in Australian law in recent years. The most obvious changes are the raft of legislative reforms including same-sex couples as de facto couples in a wide array of state laws through 1999-2004. Additionally, an examination of recent case law reveals notable changes to the definition of "de facto relationship" through judicial interpretation, with a distinct trend towards a broader, more flexible interpretation of the de facto category, a less formalistic approach to the indicia of cohabitation, and a lesser focus on the traditional hallmarks that are thought to be "marriage-like" (such as public reputation, mingled finances and putative monogamy). These cases are important signposts as the Family Court will soon be grappling with questions around de facto relationships, including how to determine the existence and duration of a relationship.

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http://hdl.handle.net/10453/892