How long do I have to be with someone before it is a defacto relationship?

Generally a defacto relationship is considered to be 2 years.  However, this may change depending on financial contributions or if there are children of the relationship.  Even if parties are found to be living in a defacto relationship, it does not automatically entitle them to a share of each other's assets.

In order to be entitled to a share of the other's assets, it is necessary for a party to establish that they:

  • Have been living together for a period of at least 2 years (either consecutively or accumulatively); OR
  • Have a child together; OR
  • Have made substantial 'contributions' (financial, non-financial or as homemaker / parent) to the acquisition, conservation or improvement of any property of the parties to the defacto relationship; OR
  • That a failure to make an order would result in serious injustice to the applicant.