De Facto Relationship Time Limits

In a recent case decided on 29 November 2023 a Judge of the Federal Circuit and Family Court of Australia was asked to make a finding as to the duration of a de facto relationship.

The duration of a de facto relationship is important because in order for a party of a de facto relationship to be able to seek property settlement orders in the Federal Circuit and Family Court of Australia, they must prove that the relationship was at least of 2 years’ duration or that there was a child of the relationship.

The duration of the relationship is also important when determining how long a person has the right to make an application for property settlement, which is 2 years from the date of separation. In this particular case, the Court declared that the parties were in a de facto relationship between 2008 and May 2016. Therefore, the 2 year period would have expired in May 2018. Proceedings were commenced in September 2021 and therefore were commenced out of time. The Court has a discretion to extend the time but in this case it did not. The reasons why the Court refused to extend the time were because the Applicant did not satisfy the Court that the Applicant had suffered hardship.

This case is a timely reminder that you should obtain advice as early as possible after separating from a de facto relationship so that your rights and obligations can be properly understood and any time limits taken into account.

Please contact our family law team to discuss your recent separation on 08 8177 5888 or contact us here.