Emotional commitment

When considering if a client is in a de facto relationship you need to determine whether they have an emotional commitment to each other. The relationship must demonstrate a degree of companionship and a level of emotional commitment that is ongoing.

Every relationship is different and to assist you determine if a client and another adult are emotionally committed to each other a list of possible indicators is provided. Not all relationships will have all these indicators, but this list is provided to help you discuss the relationship with the client:

• client perception - the client and the other adult see their relationship as a relationship in the nature of marriage or civil union; they consider the relationship is likely to continue
• public perception - they are viewed as a couple by their community (this may include their family, local church, sports clubs etc)
• history - the length of time the client and the other adult have known each other and/or have resided at the same address; shared children
• extent to which their lives are merged - socialising together and how often this occurs; going out as a family; belonging to and attending the same clubs/sports teams or interest groups together; having meals together as a couple/family; their sleeping and sexual relationships
• shared responsibilities - arrangements for domestic duties such as gardening, cleaning, cooking; the caring arrangements for any children including when children are sick; joint decision making and plans together
• support - the emotional support that the client and the other person provide to each other; the nature of any companionship and support that the client and the other person provide to each other

Note that when considering if a client is in a relationship and the client indicates they are a victim of family violence, extra care must be taken when determining if the required level of emotional commitment is present.

If you are unable to make a decision regarding the client's relationship you can discuss the case with your regional solicitor or local fraud investigator.