Define: Facto

A de facto relationship refers to a relationship between two people who are not married but live together as a couple on a genuine domestic basis. It is recognized legally in many jurisdictions and may have similar rights and obligations as a marriage.

The main difference between a de facto relationship and a marriage is the legal status. While a marriage is a legally recognized union, a de facto relationship does not require a formal ceremony or registration. However, the rights and obligations of de facto partners may be similar to those of married couples in many areas, such as property division and financial support.

The duration of cohabitation required to be considered in a de facto relationship varies depending on the jurisdiction. In some places, it may be a specific period, such as two years, while in others, it may be determined by factors like the intention to live together as a couple and the level of commitment.

In many jurisdictions, de facto partners have similar rights to married couples when it comes to property division. This means that if the relationship ends, the assets and debts acquired during the relationship may be divided between the partners based on factors like contributions, financial needs, and future earning capacity.

In some jurisdictions, de facto partners may be entitled to spousal support or alimony if the relationship ends and one partner is financially disadvantaged. The eligibility and amount of support will depend on various factors, including the length of the relationship, financial circumstances, and the needs of the parties involved.

In most jurisdictions, a de facto relationship cannot be legally recognized if one partner is still legally married to someone else. Bigamy or being in multiple legal relationships is generally not allowed, and the legal marriage takes precedence over the de facto relationship.

Yes, same-sex couples can be in a de facto relationship just like opposite-sex couples. Many jurisdictions have recognized same-sex relationships and provide legal recognition and protection to de facto partners, regardless of their gender or sexual orientation.

The ability of de facto partners to adopt children together varies depending on the jurisdiction. In some places, de facto partners, regardless of their gender, have the same adoption rights as married couples. However, in other jurisdictions, adoption laws may differ for de facto partners, and additional legal steps or requirements may be necessary.

In many jurisdictions, de facto partners have the ability to make medical decisions on behalf of their partner if they are unable to do so themselves. However, it is important to have legal documentation, such as a medical power of attorney or advance healthcare directive, to ensure that the partner’s wishes are respected and legally recognized.

The legal recognition of a de facto relationship when partners live in different countries can be complex and depends on the laws of each jurisdiction involved. It is advisable to seek legal advice to understand the implications and potential recognition of a de facto relationship in such situations.