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by Blackstone4 2517 days ago
> de facto relationship after a period of cohabitation (6 months in Australia, for example)

I looked this up and it's not true. If there are no explicit documents, the court will interpret what the intention of the couple were in terms of ownership. If the property is in one person's name, that person tends to keep the property. If the property is put in both names then it is split 50/50.

1 comments

Thank you.. you're correct, but there are some nuances. The defacto status is a qualitative status.

My statement of 6 months is incorrect: it is two years of cohabitation, unless there is a child, or other circumstances.

In regards to splitting assets, there is no hard and fast rule: meaning it could slice either way.

https://www.armstronglegal.com.au/family-law/defacto/

In NZ it’s 3 years of de-facto but the “family home” (even if one partner brought it freehold into the relationship) gets split 50/50.

It’s complicated because even prenups can be overturned if one partner experiences regret and the courts decide the prenup wasn’t “fair”.

The law is surprising enough to enough people that they’re looking at changing it.