When two couples live together on a genuine domestic basis, they must be wondering ‘how long living together before de facto’. This is an interesting question, as people believe that you have to live together for a specific period of time to be in a “de facto relationship.”
This is not entirely true. A de facto relationship can exists as long as two people who are a couple are living together, but are not married. You may argue then that the question of ‘how long living together before de facto’ becomes slightly invalid.
While there is no such requirement for your relationship to classify as a de facto relationship, there is a specific time period requirement for the Family Law Act (1975) to become applicable to the relationship. A couple has to live together for at least 2 years before the Family Law Act (1975) can become applicable to their genuine de facto relationship.
What exactly is a de facto relationship? How is it different from a marriage in Australia? Why does the duration of a de facto relationship matter? Why are questions like ‘how long living together before de facto’ important? These are some of the questions that we aim to discuss in this article.
What Is a De Facto Relationship?
Section 4AA of the Family Law Act (1975) provides a definition for a de facto relationship. Such a relationship can exist between people (including same-sex couples) who had a relationship as a couple living together on a genuine domestic basis.
These relationships need not be mutually exclusive. In other words, a party can be in two de facto relationships with two different people at the same time. You cannot be in a de facto with someone if you are legally married to them, or if you are related to them by family. So, how long living together before de facto?
As answered above, for the purposes of some Sections of the Act to become applicable to a “de facto” relationship, parties must stay together for 2 years. But, there are other factors that can be considered in order to determine whether such a relationship exists. Some of them include:
- Duration of the relationship,
- Financial dependency on each other,
- Nature of the relationship, whether sexual relationship exists,
- Degree of mutual commitment to live a shared life,
- Public aspects of the relationship – how others view them, whether as a couple or not, etc.
Importance of Registering the Relationship
When discussing questions on the duration of the relationship such as ‘how long living together before de facto’, it is important to note that registering the relationship may be beneficial. You can register the relationship through the state’s Registry of Birth, Deaths and Marriages. For example, in NSW, couples can register their de facto here.
In turn, you receive a certificate that can act as a valid proof of the relationship. Moreover, it is important proof to show the duration of the relationship. In case there is a breakdown of the de facto, the duration becomes important to determine some factors like asset distribution or property settlement.
Also such certificates can be helpful when you are wondering ‘how long living together before de facto.’ Once again, it is important to note that couples who have completed the 2-year period to qualify as being in a de facto relationship can deal with their matters under the jurisdiction of the Act.

What If The Relationship Lasted Less Than 2 Years?
There are some exceptions that will allow a family court to determine a relationship that lasted less than 2 years as as de facto relationship. Some of these exceptions include:
- if there is a child of the relationship,
- where one party made signifiant contributions – including financial contributions, home making, parenting, caring for the other etc.
Children and Property Matters
Ultimately, the question of the duration of the relationships arises during the breakdown of the relationship because it can influence matters related to parenting and property.
As mentioned above, where there is a child, the 2-year mark does not really matter. Having a child together is proof enough that the two parties shared a relationship on a genuine domestic basis even if it is not a registered relationship.
However, for claiming property and assets after the end of the relationship, you and your former partner must have lived together for 2 years, or had a child together. But, when determining how division of assets should take place, the court may consider substantial contributions of each party.
Moreover, if the court thinks that one party will face a great disadvantage or serious injustice if the property is not divided accurately, then the court may make decisions accordingly. For example, one party may have sacrificed their career to look after the children, or the home etc.
Largely, once a relationship meets the criteria (2 years, genuine domestic basis, registered under State or Territory) the Family Law Act lists out provisions for them similar to those listed out for a married couple that has separated or divorced.

Obtain Legal Advice from JB Solicitors
Most importantly, lawyers always recommend you to register your de facto. This is because, should you break-up, it becomes easier to prove that your relationship existed if it is registered under a State or Territory. However, beyond that also, matters can be complex as you may not always know which law applies to you.
What are my entitlements as a de facto partner? Does my relationship meet the criteria to be recognised as a de facto? Do I have claims to my former partner’s assets? All these questions can have different answers depending on your individual circumstances.
Therefore, it is necessary to get in touch with family lawyers who have a wealth of experience in dealing with different kinds of cases and matters. At JB Solicitors, we offer fixed-fee prices for many of our services.
If you have other questions like ‘how long living together before de facto’, you can visit our blog page on the website to read other blogs. Moreover, we can also help you prepare a binding financial agreement.
In case of any enquiries, contact us today.