Bert and Ernie are both male and have been seeing each other for nearly 2 years. Bert is in his late 40s and Ernie is 25. There are no children to the relationship. Both are in good health.

Some further facts concerning their relationship are as follows:

• Bert was an early investor in Facebook and sold his shares last year for a significant profit, allowing him to retire early, in luxury;
• Ernie is an aspiring actor who is confident he will get his big break soon;
• Bert is supportive of Ernie's acting pursuits and pays for Ernie's living expenses and all household expenses, allowing Ernie to quit his part-time hospitality job to focus on acting classes and auditions;
• Ernie moved into Bert's estate 18 months ago;
• They have separate bedrooms in Bert's sprawling mansion;
• There is no regular physical intimacy between them;
• They do not have joint bank accounts but Ernie is an additional card holder for one of Bert's credit cards;
• They do not own real property together;
• They are perceived to be a couple to their families and friends;
• Recently though, Ernie had a one-night stand with Oscar, a classmate from his acting class.

Required:

1. Bert goes to see a family lawyer. Making reference to the stated facts and the relevant statutory provisions, what do you think the lawyer would advise Bert as to his relationship status?
2. Bert is concerned that Ernie might be considering leaving him for Oscar. He wants to propose to Ernie and get married as soon as possible. So, on 9 March 2017 he comes to see you as a family lawyer to check if this can be done. Making reference to the stated facts, the relevant statutory provisions and any case law, what would you advise Bert?