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In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law." [4] By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law."
In 2001, the Property (Relationships) Act 1976 was extended to offer partners in unregistered "de facto" relationships similar rights to those of married couples. A de facto relationship is defined as a relationship between two persons living as a couple, who are not married or in a civil union.
Common-law marriage, also known as non-ceremonial marriage, [1] [2] sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process.
de facto. de lege ferenda: of the law as it should be Used in the context of "how the law should be", such as for proposed legislation. de lege lata: of the law as it is Concerning the law as it exists, without consideration of how things should be. de minimis: about the smallest things Various legal areas concerning small amounts or small degrees.
A de facto standard is a custom or convention that is commonly used even though its use is not required. De facto is a Latin phrase (literally " of fact "), here meaning "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established".
In New Zealand according to the 2001 census, 20.5% of couples were in de facto relationships. [235] In New Zealand, 23.7% of couples were cohabiting as of 2006. [citation needed] In 2010, 48% of births were outside marriage. [236] Like Australia, New Zealand recognizes de facto relationships. [237]
De facto corporation and corporation by estoppel are both terms that are used by courts in most common law jurisdictions to describe circumstances in which a business organization that has failed to become a de jure corporation (a corporation by law) will nonetheless be treated as a corporation, thereby shielding shareholders from liability.
Many states recognize through their judicial systems cohabitation agreements and common law partner agreements concluded between two partners in a relationship. These are de facto domestic partnerships that protect both parties and allow for shared property and court recognition of their relationships. [28] [29]