Limited time together- are we De Facto?
How long, for family law purposes, do a couple have to be together to be in a legally defined de facto relationship?
Generally, the courts will consider a couple as being in a de facto relationship if:
- you lived together as a couple for at least 2 years
- there is a child from the relationship
- you or your ex-partner made substantial contributions (financial or otherwise) to the relationship
- the two of you acquired, owned and used a property together
- there is or was a sexual relationship
- you presented to family and friends as a couple
In a recent case, a woman asked the court to settle a property dispute with a man she called her former partner.
The man insisted to the court they had never been in a de facto relationship and that any relationship they did have was on a casual basis.
She told the court they were together from March 2012 until June 2019. The couple hit a rough patch in 2014 when she admitted to having a “sexual encounter” with someone else, however they did not split up at the time.
The parties separated for a few months in 2016, when the woman found out he had been “secretly seeing and having sex with her best friend”.
The man purchased the property at the heart of the dispute, with the financial help of his father, and the couple lived there together. While he was away doing Fly In Fly Out (FIFO) work, she remained at the home working part time, while also doing housework.
They maintained separate bank accounts, but also shared joint expenses.
The pair had socialised together and presented to friends and family as a couple.
The court found there had been “prolific and frequent communications between the couple” during the man’s time as a FIFO worker, “relating to normal issues arising in day-to-day life when persons share a domestic life”.
The judge said although the couple had “tumultuous periods involving infidelity and short separations, they persisted together as a couple”.
As the court had ruled the pair had indeed been in a de facto relationship, the property matter went ahead.
If you’re unsure about the legal status of your relationship, get in touch Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected] Our family law specialists can advise you on everything related to separation and property settlement.
