QLD When Does New Partner Become Involved in Property Settlement?

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Alan Strong

Active Member
26 March 2018
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I know she has a new partner and they live together, and both earn high salaries and bonuses.

The relationship is over 2 years old, but officially only living together for over 12 months, but unofficially a lot longer.

I am incapacitated for the rest of my life, mostly because of things that happened during the marriage and with documented evidence, but it was mentioned to me that her new spouses financial situation has some kind of role to play in our financial and property settlement.

Would anyone mind pointing me in the right direction because I can't find it online? Obviously I do not know their personal financial details as a couple, or the new partner's financial status, but I do know they are both very high earners.

I have no idea how to introduce it into my affidavit and the proceedings appropriately.

Thank you for your time.
 

AllForHer

Well-Known Member
23 July 2014
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The Court asks four questions to determine a property settlement.

1. What is the value of the shared asset pool?
2. What were the financial and non-financial contributions of each party?
3. What are the future needs of each party?
4. Is the settlement just and equitable?

A new partner's income doesn't come into that equation, but your ex may have higher earning capacity than you, which is considered under 'future needs'. I'm not sure of the nature of your 'incapacitation', but if it's a disability of some description, that would be considered a future need, as well.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
You can also consider spousal maintenance where the financial resources of a new partner can be a factor in a decision about the amount of spousal maintenance one party pays to another.

Have you already commenced proceedings, and if so what areas are in dispute - parenting, spousal maintenance, property, child support, other?
 

Alan Strong

Active Member
26 March 2018
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0
31
Thanks Allforher and Rod. I will look into those things some more. Rod, yes it has started, there is a lot of lies to be dealt with, but this was something I didn't know about

I appreciate the help