In Australia, a de facto relationship is one where the parties live together on a genuine domestic basis. The Court considers several factors when determining whether a relationship meets this criteria, including the duration of the relationship, whether friends and family know about the relationship, whether a sexual relationship exists between the parties, whether there are children of the relationship, and how finances were handled in the relationship.

If your relationship was less than two years, and you are unsure whether you are entitled to a property settlement in the circumstances, you should speak to your family lawyer.

There are many ways to prove when a de facto relationship ended. Evidence provided to the Court often includes statements from friends and family detailing when they were told about the end of the relationship, one or both parties moving out of their shared home, separation of finances, whether government agencies like Centrelink were advised of the change, and more.

Yes. There is even a term for it: separation under one roof. It is not unusual for people to need to live together for a period after the end of a relationship. The Court will consider factors such as whether sleeping arrangements changed, if you stopped doing chores such as laundry for each other, separation of finances, whether one or both parties started dating again, and more when forming an opinion as to whether separation has occurred.

While the Court cannot usually make an order in relation to a relationship of less than two years, there are some circumstances where the two-year requirement is overridden by other factors. You may also be entitled to a property settlement if there is a child of the relationship, if you made substantial contributions (financial or otherwise) in relation to the relationship and it would be unfair if those contributions weren’t accounted for, or if the relationship was registered under a prescribed law of a State or Territory.