Usually a de facto relationship is marked by 2 people living together in a relationship for 2 or more years.
But, if your relationship broke down after March 2009, the Family Court can make Orders about the division of your property and financial support/maintenance if one or more of the following applies to you:
- You have been living together for 2 years; or
- There is a child of your relationship; or
- If the financial, non financial or homemaker contributions made by one or both of you were so significant that it would be unjust not to make Orders.
In essence, de facto and same sex couples are treated in exactly the same way as married couples when a Court determines the division of your assets (including superannuation), financial support and child support.