Northern Territory Consolidated Acts

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De facto relationships

    (1)     For this Act, 2 persons are in a de facto relationship if they are not married but have a marriage-like relationship.

    (2)     To determine whether 2 persons are in a de facto relationship, all the circumstances of their relationship must be taken into account, including such of the following matters as are relevant in the circumstances of the particular case:

        (a)     the duration of the relationship;

        (b)     the nature and extent of common residence;

        (c)     whether or not a sexual relationship exists;

        (d)     the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

        (e)     the ownership, use and acquisition of property;

        (f)     the degree of mutual commitment to a shared life;

        (g)     the care and support of children;

        (h)     the performance of household duties;

            (i)     the reputation and public aspects of their relationship.

    (3)     For subsection (2), the following matters are irrelevant:

        (a)     the persons are different sexes or the same sex;

        (b)     either of the persons is married to another person;

        (c)     either of the persons is in another de facto relationship.

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