18/08/2026
Think you are only in a de facto relationship if you have lived together for two years? It is one of the most common misconceptions in family law, and relying on it can leave you exposed.
Yes, two years of living together is one of the gateway criteria under Section 90SB of the Family Law Act. But it is not the only way in. There are three key exceptions that can bypass the two year requirement entirely:
1. There is a child of the relationship. If you have a child together, the two year rule does not apply, and a property claim can be brought regardless of how long you lived together.
2. The relationship is registered. Very few people do this, but if you have registered your relationship with a state or territory registry, the two year threshold falls away.
3. One party has made substantial contributions. If someone has made significant financial or non financial contributions and failing to make an order would result in a serious injustice, the court can hear the matter even if the relationship was under two years.
The takeaway is that the two year rule is not a shield. De facto matters are a complex area of law and take up a lot of court time, often because one person insists they were never de facto while the other says they were.
If you are living with someone and have not had a conversation about protecting your assets, you could be exposed without realising it. Get advice on whether you are in a de facto relationship, and consider a binding financial agreement (often called a prenup), before or during the relationship, as a way to protect yourself.
Book your free 30 minute appointment at pearsonslawyers.com.au
