Legal Question

[Apollo]

Have a girfriend I've been with for about six months. I stay at her place and she at mine-about 50/50. We live about an hour apart. She recently got a new job much nearer to me-about 15 minutes away and will probably stay at my place 5 out of 7 nights. Occasionally after hearing about someone breaking up and losing half there property etc I start to think is it possible that if we lived like this for 1 year and then broke up would it constitute a de facto relationship and could she have a claim on my property? Oh yeh and she wants to bring her cat here!

Thanks for any views/opinions.

[GH85Carrera]

Just don't ever introduce yourself to ANYONE as married. I have no idea what it takes is OZ for common law marriage. In Oklahoma if you are introduced as Mr. & Mrs. in church and social functions, and have co-mingled your money and own a house together you are common law married. A ring just nails it.

Don’t go buy anything big together, and no engagement ring until you are ready to tie the knot.

And that advise is worth just what you paid for it!

[red-beard]

As long as you don't sleep together, you're fine.

[Rot 911]

In Australia the term de facto marriage is often used to refer to relationships between men and women who are not married but are effectively living as husband and wife for a period of time, however common-law marriage is sometimes heard. The Federal parliament has power to legislate for marriages, which it first did in 1959 with respect to divorces and separation with the Matrimonial Causes Act (covering divorces, etc.) which has now been replaced by the Family Law Act,1975. The Marriage Act,1961 provides for the formalities required for a lawful marriage. The Marriage Act does not recognize 'common law marriages'. The Federal parliament has no power over de facto marriages, and thus all Australian states and territories have legislation covering aspects of de facto marriages, such as property distribution, and spouse maintenance if a relationship ends (however children born out of wedlock are covered by the Family Law Act 1975 as a result of the states remitting this power to the Commonwealth). Most laws dealing with taxation, social welfare, pensions, etc. treat de facto marriages in the same manner as solemnized marriages.

You will need to find out what your local state laws are to determine the length of time the two of you would have to live together to be considered de facto married and whether or not you would have to hold yourselves out as being married.

Either way, if the two of you obtain assets or create liabilities jointly you are going to have to figure out a way to divide them should the relationship end.

[Rot 911]

Here are your local laws:

New South Wales "Domestic relationship", encompassing "de facto relationships" and "close personal relationships" Property (Relationships) Act 1984

Victoria "Domestic relationship", defined to mean "de facto relationships" Property Law Act 1958 Part IX has now been repealed effective 1 December 2008, now encompassed in the Relationships Act 2008.

Queensland "De facto relationship" Property Law Act 1974

South Australia "Close personal relationship" Domestic Partners Property Act 1996

Western Australia "De facto relationship" Family Court Act 1997, Part 5A

Tasmania "Personal relationship", encompassing "significant relationships" and "caring relationships" Relationships Act 2003

Australian Capital Territory "Domestic relationship" and "domestic partnership" Domestic Relationships Act 1994, Legislation Act 2001 s 169

Northern Territory "De facto relationship" De Facto Relationships Act 1991

[cgarr]

If you even think she is going to take you to the cleaners maybe your with the wrong girl?

[Joeaksa]

You are screwed, totally screwed.

The moment she mentioned bringing the cat, its all over.

That is, unless you really like her and want to make it a long term relationship.

Good luck either way it goes and hope its with the girl and the cat staying!

Joe A

[kanadary]

cat as in the four legged type.. not pussy... : )

[TSNAPCRACKLEPOP]

so if 2 move in, are you doubly married?

[TSNAPCRACKLEPOP]

pix?