De facto spouses and property splits on separation

De facto spouses and property splits on separation

When a de facto relationship ends, one ex-partner may claim part of the other ex-partner’s property and/or superannuation.

De facto relationship rights are mainly dealt with under the Family Law Act.

There are a number of rules on when an application to the Court can be made and, if not made within time limits, whether leave will be granted to commence an application.

If an ex-spouse is entitled to commence an application for a property adjustment, the Court will consider the following:

• the financial contributionmade by each partner to the acquisition, conservation or improvement of any property, whether that property is owned solely by one partner or jointly owned.
• Non-financial contributions made by each partner to the acquisition, conservation or improvement of any property, whether that property was owned solely by one partner or jointly owned.
• Contributions made by each party to the welfare of the family – either to each other or any children of the de facto relationship.
• The effect of any proposed order on the earning capacity of either partner.
• The factors that also relate to whether a partner is entitled to spousal maintenance. These factors include:
  • The age and state of health of each partner
  •  The income, property and financial resources of each partner and their physical and mental capacity to gain employment.
  • Whether either partner has the care of a child of the de facto relationship who is under the age of 18 years.
  • The commitments of either partner to other individual (example a new partner) or a child of another relationship.
  • Superannuation entitlements.
  • The duration of the de facto relationship and the extent to which it affected the earning capacity of the ex-partner seeking a property order.
  • The financial circumstances of any one either partner is now in a de facto relationship or has married.

Kathy Chase has experience in dealing with property disputes between ex-de facto partners. Property disputes can be settled by consent orders (which do not involve any Court appearances) and financial agreements. It is only when a negotiated settlement cannot be reached that an application needs to be filed with the Family Court/Federal Circuit Court for orders. For advice on de facto relationship, Kathy can be contacted on: (02) 9918 6565 or 0418 285 307 or via email at: pittwaterfamilylawyers@gmail.com