by mojorising  31/12/2019  0 Page Views
4 Comments  Family & de facto law, financial agreements, consent orders
I have met a girl recently. She has been staying at my house for a few nights.

She has her own place which she has stayed at a few nights also.

I am aware of the significance of cohabitation in relation to the existence of a de facto relationship.

I am trying to ensure that I avoid creating a de facto relationship.

I am in QLD.

I think family law is a federal jurisdiction though (?)

This is the only link I can find.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/

Before the Court can determine your financial dispute, you must satisfy the Court of all of the following:
    you were in a genuine de facto relationship with your former partner which has broken down
    you meet one of the following four gateway criteria
        That the period for the de facto relationship is at least 2 years
        That there is a child in the de facto relationship
        That the relationship is or was registered under a prescribed law of a State or Territory
        When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognised that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice
    you have a geographical connection to a participating jurisdiction
    your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographical connection to South Australia only); although you may be able to apply to the courts if your relationship broke down prior to the date applicable to your state.

I understand that the existence of children (even if they are not mine is significant). She has 2 children aged 9 and 14 who live locally with her ex-husband.

Is there a number of nights per week that is a threshhold for co-habiting?

Is there a relationship duration that is a threshhold for co-habiting?

Are there any other specific steps I can take to ensure I avoid creating a defacto relationship?

Thanks