Our first task is often to dispel ideas our clients already have about how the Family Law Act works. The reality is far different. There is no one factor that will definitively determine whether two people are or were in a de facto relationship.
The duration of the relationship, living arrangements, the extent to which the parties provided financial support to the other, and the existence of a sexual relationship will all be key indicators.
So the first part of the myth dispelled is that once you are in a relationship, the other party can make a claim. Not every relationship between two adults, even if they live together, will be a de facto relationship. Being able to describe the relationship as a de facto relationship is only the first step.. When a de facto relationship did exist, ordinarily an application for property settlement cannot be brought unless the de facto relationship lasted for 2 years or more.
There are some additional factors that can enable an application to be made when there was a shorter relationship, such as there being a child of the de facto relationship, substantial contributions being made by one party to the assets of the other, or the relationship being registered under a prescribed law of a State or Territory. So the second part of the myth, that after 6 months the new partner can make a claim, is partially dispelled. Normally the relationship needs to be at least 2 years.
So what if there was a de facto relationship that lasted for more than 2 years or another criterion is met β how much could the new partner get? Is it half? The answer to this question is that it depends on all of the circumstances of the parties. There is no automatic assumption of half. Indeed, unless the relationship is of very long duration or each party clearly made an equal contribution to the assets, an outcome of half is unlikely.
