How Long Before a Relationship Is De Facto? Property Claims After a Short Relationship

In Australia there is no minimum period for a couple to be in a de facto relationship, but after it ends a court can make property or maintenance orders under the Family Law Act only if the relationship lasted at least 2 years in total, there is a child of the relationship, the person applying made substantial contributions and refusing an order would cause serious injustice, or the relationship was registered; the application must be made within 2 years after the relationship ends unless the other partner consents or the court allows it.

Checked on 23 October 2026 against the Family Law Act 1975 and the Family Court Act 1997 (WA).

When is a relationship de facto?

Under section 4AA of the Family Law Act 1975, two people are in a de facto relationship if they are not married to each other, are not related by family, and, having regard to all the circumstances, have a relationship as a couple living together on a genuine domestic basis. There is no minimum period in that definition. The court can consider any or all of these circumstances, and no single one is essential:

• how long the relationship lasted, and the nature and extent of living together;
• whether there is a sexual relationship;
• financial dependence or interdependence, and arrangements for financial support;
• the ownership, use and acquisition of property;
• the degree of mutual commitment to a shared life;
• whether the relationship is or was registered under a state or territory law;
• the care and support of children; and
• the reputation and public aspects of the relationship.

A de facto relationship can be between two people of the same or different sexes, and can exist even if one of them is married to someone else or in another de facto relationship.

The 2-year rule for property and maintenance

Being in a de facto relationship is not enough on its own. Under section 90SB, a court can make a property order, a declaration about property, or a maintenance order for a de facto couple only if it is satisfied of at least one of these:

Where you lived also matters (section 90SK). One or both of you must have been ordinarily resident in a participating state or territory when the application is made, and either both of you were ordinarily resident in one or more of them for at least a third of the relationship, the applicant made substantial contributions there, or you were both ordinarily resident in one when the relationship broke down. Every state and territory participates except Western Australia, which has its own law (below).

Western Australia

Western Australia did not refer its power over de facto property to the Commonwealth, so de facto couples there are covered by the Family Court Act 1997 (WA) in the Family Court of Western Australia. Under section 205Z, the court can make an order only if:

• the relationship lasted at least 2 years (the court considers any break in the relationship, its length and the extent of the breakdown);
• there is a child of the relationship under 18 and refusing an order would cause serious injustice to the partner caring for or responsible for the child; or
• the applicant made substantial contributions and refusing an order would cause them serious injustice.

There is no registered-relationship ground in the WA section. One or both partners must have been living in WA when the application is made, and either both lived in WA for at least a third of the relationship or the applicant made substantial contributions in WA (section 205X).

The time limit

• The deadline: apply within 2 years after the de facto relationship ends (or within 12 months after a financial agreement is set aside). The same 2-year limit applies in Western Australia.
• Later than that: only with your former partner's consent, or the court's permission. The court can give permission if hardship would be caused to you or a child if it did not (for maintenance, there is also a test about being unable to support yourself without a pension or benefit). A late case started by consent can be dismissed if the consent was obtained by fraud, duress or unconscionable conduct.
• Agreeing without court: you can settle by agreement within the time limit, for example by consent orders or a financial agreement; get legal advice before signing either.

If you meet the threshold

• The same approach as for married couples: the court identifies the property and debts, weighs each person's financial and non-financial contributions (including as homemaker or parent), considers each person's current and future circumstances, and makes an order only if it is just and equitable. Since 10 June 2025 the effect of family violence on contributions and on future circumstances is expressly part of that assessment.
• Every case turns on its facts, including what each person brought into the relationship and contributed during it. See our guide to family law.

If you do not meet it

• Property stays where it is legally: without a Family Law Act order, property in your own name remains yours, and jointly owned property remains jointly owned. A lawyer can advise whether any other legal claim is open to you.
• Children are a separate question: the 2-year rule is about property and maintenance between partners. It does not limit parenting arrangements or child support for a child of the relationship.
• Check the dates carefully: when the relationship started and ended, and any breaks, decide both the 2-year threshold and the 2-year time limit, and the two are often disputed. Keep leases, bank records, messages and other evidence of when you lived together.

Free help

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can assess whether your relationship was de facto and meets one of the grounds, check your time limit, and advise on negotiating a settlement or applying to court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against the Family Law Act 1975 (Cth), Compilation No. 101 (10 June 2025, the current version on the Federal Register of Legislation on 23 October 2026), sections 4AA, 44, 90SB, 90SK and 90SM; the Family Court Act 1997 (WA), as at 18 December 2025, sections 205X, 205Z and 205ZB; the Family Court of Western Australia's de facto relationship page; and the advice lines' and legal aid bodies' contact pages, on 23 October 2026.