In some States, the definition of a ‘de facto’ relationship has been changed to include same-sex relationships by removing any reference to the gender of de facto partners. This change has, in effect, included same sex partners in the definition of ‘de facto’. This important change affected a wide range of laws, including those relating to wills and estates.
Same-sex couples may now be considered de facto spouses provided they meet the standard
requirements for a de facto relationship; namely, that each person was the only partner of the other person and not in another de facto relationship.
The following issues will determine whether or not a same sex relationship qualified as ‘de facto’:
- how long the relationship lasted
- how long the couple cohabited
- was there a sexual relationship
- what level of financial dependence existed between the parties
- was property owned, used and acquired
- was there evidence of a mutual commitment to sharing their lives
- how were household duties performed
- how was the relationship perceived by other outside the relationship
Most other states and territories have followed NSW, which was the first to introduce the changes, and some have made even more sweeping changes.
So a same-sex partner of a deceased person has the same rights as a heterosexual de facto spouse.