A "durable relationship" is another way of saying a "common law relationship". So it is not you. But if you were not married, then you would show ("duly attested") you have a common law relationship by having kids together, or a house, or having lived together for the last 7.337 years, ... This ...

If you are married, you are by definition a family member. There is no need for the spouse to be dependent in any way, and no need to prove the dependence. Yes that would have been my understanding, I just wanted to double check. What about the second point though, in relation to the 2004 directive ...

Under the EU free movement, EEA nationals and their family member enjoy free movement within the member states. For the first 3 months in the UK, you have unrestricted right of residence. For the purpose of obtaining a EEA Family Permit for your partner, your intentions in the UK are not relevant ...