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ARTICLE · 18 MARCH 2015

Shacking up - what's the law?

Couples living together for two years, or shorter if they have a child, are regarded as being in a de facto relationship.

AustraliaFamily and Matrimonial

Australia's Family Law recognizes that couples who live together in a close relationship for two years, or for a shorter period if they have a child together, can be regarded as being in a de facto relationship. The law regarding property settlement for de factos is the same as for married couples and, like property settlements for married couples, several factors are taken into consideration when determining a settlement. The law also applies to same-sex couples.

It's an important issue to consider when more than one-fifth of Australians aged in their 20s live with de facto partners and ten per cent of middle aged folk are now in de facto relationships. Nobody likes talking division of the spoils while they are still together, but it can save a lot of heartache and expense if they break up.

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