Skip to main content

#1 That you are de facto after 6 months.

No – it is two years, but like most things in law, there are exceptions. If you have made a substantial contribution to property and/or you have a child together, the court is most likely to allow you to ask for de facto property orders even if the relationship is less than 2 years.

#2 We were only de facto, we don’t need a property settlement

Oh yes, you do! De facto couples can apply to the court just like married couples can. It does have to be within 2 years of separation but again there are exceptions. If you don’t get a binding agreement/ orders in place, you leave yourself open for your ex-partner to make a claim against your property down the track.