Saric v Steward

Saric v Steward involved a dispute between the parties regarding the termination date of their de facto relationship. The case was heard in the Family Court of Australia. The primary issue before the Court was whether the relationship had lasted for at least two years, a key criterion for determining the existence of a de facto relationship under section 9AA of the Family Law Act. The case involved three periods of cohabitation separated by significant periods of separation. The applicant argued that the relationship had not lasted the requisite two years, while the respondent contended that the periods of separation did not break the continuity of the relationship.

The Court considered the nature and duration of the relationship, examining the periods of cohabitation and separation in detail. It was necessary to determine whether the relationship had endured for the statutory period, and if the periods of separation were significant enough to break the continuity of the relationship. The Court also examined the domestic relationship agreement between the parties, which, while no longer in force, provided insight into their contributions and the nature of their relationship. The significance of the agreement in understanding the parties' respective contributions and the overall dynamics of the relationship was considered, even though its provisions were no longer operative.

The Court concluded that the relationship did not meet the two-year requirement as the periods of separation were substantial enough to break the continuity of the relationship. The Court found that the domestic relationship agreement, although no longer in force, provided useful context for understanding the parties' contributions and the nature of their relationship. The Court's reasoning was based on a careful analysis of the evidence presented and the statutory requirements under the Family Law Act. The final orders of the Court were that the relationship did not qualify as a de facto relationship for the purposes of the Family Law Act.