The length of a de facto relationship can help to decide wills, intestacy,

property settlements and maintenance after the breakdown of a relationship or the death of a partner. The nature of their assets and how those assets were acquired will help to determine property settlements.

The existence of a sexual relationship may help to establish the actual existence of the relationship. The degree of financial independence each partner has may affect, upon failure of the relationship, the contributions made from each partner and any property distribution and maintenance.

The de facto couple's genuine domestic arrangements and whether they have had children can determine, upon the breakdown of a de facto relationship, the property, maintenance and other financial support. Generally there is no duty between de facto partners to maintain one another. (http://elo.legalaid.qld.gov.au)

All of the pre-mentioned components can have an impact on the rights and obligations of a de fa

Both parents of an ex-nuptial child have joint responsibility for a child unless there is a Court Order or a Child Agreement registered with the Court to the contrary or if paternity is in dispute.

Although there is no legal definition of a de facto relationship the law does make a distinction between married and de facto partners. A husband or wife whose spouse dies without having made a will automatically by law receives part of the estate of his or her spouse. A de facto husband or wife has no entitlement to his or her deceased partner's estate. It is therefore important for people living in de facto relationships to make wills if they wish their estate to pass to their partners on death. (http://elo.legalaid.qld.gov.au)

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"Issues such as the division of assets after separation and the distribution of assets on death where there is no will cannot be resolved in the same way as if the partners were legally married."(www.liv.asn.)

A child of a de facto relationship is entitled to receive maintenance from his or her parents until the age of 18, or longer if the court is satisfied that maintenance is necessary to enable a child to complete a course of education, or because of the child's mental or physical disability.

A de facto partner may be able to make a claim pursuant to the laws relating to Family Provision if they have lived in a de facto relationship for a continuos period of 5 years (within the 6 years prior to the death of their partner).

The Family Law Act is a federal Act, which applies to all issues relating to children following the breakdown of a relationship whether the parents are married, have lived together in a de facto relationship or never lived together. Matters of child support, orders dealing with residence and contact and specific issues in relation to children are all dealt with by the Family Court. (www.familycourt.gov.au)

The Family Law Act and the Property Law Act both address issues concerning de facto relationships.

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Approximate Word count = 1445
Approximate Pages = 6 (250 words per page double spaced)