13ADe facto relationship and de facto partner, references to

##### 13A. De facto relationship and de facto partner, references to (1) A reference in a written law to a de facto relationship shall be construed as a reference to a relationship (other than a legal marriage) between 2 persons who live together in a marriage‑like relationship. (2) The following factors are indicators of whether or not a de facto relationship exists between 2 persons, but are not essential — (a) the length of the relationship between them; (b) whether the 2 persons have resided together; (c) the nature and extent of common residence; (d) whether there is, or has been, a sexual relationship between them; (e) the degree of financial dependence or interdependence, and any arrangements for financial support, between them; (f) the ownership, use and acquisition of their property (including property they own individually); (g) the degree of mutual commitment by them to a shared life; (h) whether they care for and support children; (i) the reputation, and public aspects, of the relationship between them. (3) It does not matter whether — (a) the persons are different sexes or the same sex; or (b) either of the persons is legally married to someone else or in another de facto relationship. (4) A reference in a written law to a de facto partner shall be construed as a reference to a person who lives, or where the context requires, has lived, in a de facto relationship. (5) The de facto partner of a person (the first person) is the person who lives, or lived, in the de facto relationship with the first person. [Section 13A inserted: No. 3 of 2002 s. 85.]