Definition of de facto relationship — determination of facts — Property (Relationships) Act 1976, s 2D. Ms Greenwood, the applicant, had initiated proceedings under the Property (Relationships) Act ("the PRA") following the breakdown of her relationship with the respondent, Mr Henderson. At this point the sole issue for the Judge to determine was whether the parties had been in a de facto relationship. De facto relationships are usually not covered by the PRA unless the parties have lived together as a couple for more than three years. Ms Greenwood alleged she had been in a relationship with the respondent from February 2008 to early 2017, while Mr Henderson contended the relationship was from March 2015 to January 2017. There is no strict definition of a de facto relationship, it is a factual matter to be established by the evidence on the balance of probabilities. Section 2D of the PRA states a de facto relationship is between two people (regardless of gender), over 18 years old, who have lived together as a couple and are not married or in a civil union. Factors that can be taken into account when determining whether two people have lived together as a couple include duration of the relationship, nature and extent of common residence, whether it has been a sexual relationship, degree of financial independence, performance of household duties, public reputation of the relationship and use of property. Weight is attached to various factors as is appropriate in the circumstances of the case. The Judge accepted that the parties met in 2008 and shortly afterwards occupied the same address. A year later they both began paying rent to the owner of the property. Mr Henderson was sometimes away for work but maintained a base at the address and Ms Greenwood did chores for him, such as laundry. The Judge noted the rocky and emotional nature of the relationship, which had resulted in multiple police call-outs. A police record in early 2017 showed that Mr Henderson listed the shared property as his address. The parties had a child together and were both active in raising him. Mr Henderson had also posted about Ms Greenwood on his social media and even referred to her as his "wife". It was found that in the circumstances, on the balance of probabilities the two had been in a relationship since March 2009 to January 2017. The criteria of a de facto relationship had been made out. Judgment Date: 18 December 2018. * * * Note: names have been changed to comply with legal requirements. * * *