Dandridge and Barron

Ms Dandridge sought a declaration that she was in a de facto relationship with Mr Barron from about 2000 until late 2009, as well as an alteration of property interests pursuant to s.90SM of the Family Law Act 1975. The respondent disputes that he and the applicant were in a de facto relationship within the meaning of the Act. The primary issue before the Court was whether the parties were in a de facto relationship as defined in s.4AA of the Act. The Court considered a number of factors including the duration of the relationship, the nature and extent of the parties’ common residence, the existence of a sexual relationship, financial dependence, interdependence and arrangements for financial support, the ownership, use and acquisition of their property, the degree of commitment to a mutual shared life, registration of the relationship, care and support of the children, and the reputation and public aspects of the relationship.

The Court found that while there were some factors that supported Ms Dandridge's claim of a de facto relationship, there were also factors that favoured the respondent's view that the relationship did not become a committed domestic one. The Court was not satisfied on the balance of probabilities that the relationship of the parties had achieved the status of a de facto relationship. Consequently, the Court dismissed the applicant's application for a declaration of a de facto relationship and an alteration of property interests. The Court certified that the preceding fifty (50) paragraphs are a true copy of the reasons for judgment of McGuire FM.