Although you may apply, your application is likely to be refused, unless you are eligible for the requirement to be waived, as explained above.

Yes. This requirement applies to applicants for all permanent and certain temporary visas who are in a de facto spouse relationship at the time of their application and the de facto spouse is included in their application.

However, Migration Regulations allow for the addition of a spouse to an application after the application has been lodged. You could therefore lodge your application after you have been in the relationship for one year or apply shortly before this time and add your spouse later if your application is still being processed.