QLD De Facto Enquiry please

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Watermermaid

Member
28 February 2018
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Hello,

I wondered if someone could please give me some advice, I am writing regarding my sister who lives in Brisbane, she lived in New Zealand for over 3 decades, until she met a gentleman who lived in Queensland, after a year of them travelling between the two countries , they decided to get a marriage ceremony under their religion (Muslim), she uprooted her job and moved to be with him, all her furniture was sent by cargo, which they and his children have all used, but I am fully aware that under Australian law their Nikah which is their Muslim marriage ceremony isn’t recognised, but they have lived together for 4 years, during which she looked after his children, they shared a bed, she worked and half of her income went into his bank account to contribute towards the household bills and food etc.. she cooked and clean and did everything as a married woman would do, anyway their relationship has had various up and downs, a couple of months ago after an argument he told her that their relationship was over and told her to leave the house, due to her religion she respected his wishes and left, thankfully she had a relation which she could go to at the time.

From my research although I am fully aware as I stated that their Muslim wedding isn’t recognised, but does this not come under De Facto, when he told her to leave she left with nothing except clothes and personal documents, all her savings were used 4 years ago to move and towards the upkeep of the house they shared but he owned, when she moved out she stopped her wage going into his bank account, would she financially be entitled to anything from him to restart her life?

It is hard I live in the United Kingdom, and I am trying to be helpful to her and see where she stands legally, but I can only do this from behind a screen, she is at rock bottom so I do not want to mention anything about the De Facto if it is only false hopes.

I would be grateful for any advice given, thank you for taking the time to read this post.
 

AllForHer

Well-Known Member
23 July 2014
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Australian family law recognises de facto relationships within pretty broad parameters and in property settlement, treats them as nearly equal to marriage. It sounds like this was a de facto relationship, so she would be entitled to seek a property settlement with the ex.

A property settlement can be anything they agree to, but if they can't agree, they have two years from the end of their relationship to file for a property settlement from the Court.

If the Court is asked to decide, it'll ask four questions:

1. What's the value of th 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?

It's impossible to predict an outcome from Court, but it would be prudent for your friend to get legal advice about her options and prospects.
 

Watermermaid

Member
28 February 2018
2
0
1
Thank you for your quick response and advise and clarification, which has helped a lot.
Once again thank you for taking the time to assist me.