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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a DVA Gold Card Holder, and am widowed. Is my friend of

Customer Question

I am a DVA Gold Card Holder, and am widowed. Is my friend of three years eligible to become my defacto partner and eligible for a DVA partners pension.
JA: What state are you in? It matters because laws vary by location.
Customer: I reside in Queensland.
JA: Has anything been filed or reported?
Customer: No Maam.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

If you have been living together as husband and wife for at least the 2 years then you are a defacto couple and you should note the as your defacto partner.

If you are just friends and simply sharing the costs and keeping each other company sleeping in separate rooms then you are not a defacto couple.

Here is the criteria that the family law act applies for defacto couples.

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s4aa.html

If you meet those then you are a defacto couple.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon