VIC property settlement and legal separation

to be considered defacto a couple need to reside together for 2 yrs.

There are a number of factors which are taken into account by the Courts when determining if a de facto relationship existed. Physically living together is only one of a list of several things the court may take into account. See s 4AA of the Family Law Act 1975.

Notable is that the Court has, at times, determined that a de facto relationship has not existed, even where a couple has lived together for a long period, e.g. Chancellor & McCoy [2016] FamCAFC 256 (in brief - a same sex couple who had lived together for 27 years but kept their finances completely separate, made decisions independently and had no future shared goals), and determined it has, where a couple has not lived together “full-time” e.g. Gissing & Sheffield [2012] FMCAfam 1111 (in brief - couple lived on and off, shared finances, exclusive sexual relationship shown by texts, emails etc.)

This document, which gives case examples (judgments), provides some great insight into some of the grey areas relating to determinations of de facto relationships.

OP what kind of assets does your friend want to protect?