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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 which has now been replaced by the Family Law Act,1975.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.
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Kurt V
No more Porsches, but a revolving number of motorcycles.
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