QLD De Facto - Entitlements After Separation?

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Alias99

Member
15 February 2018
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Hi,

I am 25 years old and recently found out that my de facto partner (significantly older than me, and is separated from his wife) has been cheating on me and has been very deceptive about another aspect of his life - a big shock to me. We have been in a long term relationship and have been living together for over 2.5 years (we have been in an intimate relationship for 5.5 years). I have been very committed and heavily invested in the relationship, and I thought that he was too.

Whilst living together, he has been paying the rent in full whilst I have been paying for groceries and miscellaneous expenses. I also contributed well over $10,000 in furnishing the apartment. We have not purchased assets together other than furniture. Since being in a relationship with him I have grown accustomed to a certain lifestyle which I would never have been able to afford on my own.

Whilst I have not contributed very significantly to the relationship financially, I have very much contributed in an emotional sense to his wellbeing.

Prior to finding out about the infidelity and deception (2 months ago), I made arrangements to cease my full time job and work in a part time job of significantly less pay in a different industry in order to pursue a career in this industry, commence some studies on the side and look after my health as I experienced significant health/ mental health issues in the 6 months prior. This change in work was done with the full support of my partner and given that I would be earning significantly less money it was agreed that he would help me financially.

To complicate matters, he has a lot of debt however this is tied to business entities not himself personally. He has told me that assets that he does have (i.e. property) are all encumbered by debt. His personal tax records wouldn’t show any income as everything he does is within legal entities. He is engaged in significant business pursuits - mainly property and finance as a business owner/ director.

I’m just wanting to explore my options in terms of entitlements/ rights as a de facto. I have been/ am financially dependant on him and I worry about my financial situation if we break up, especially now that I am earning significantly less money than before.

What would I legally be entitled to should the relationship not be reconcilable and we break up?

Thank you in advance for any responses.
 

AllForHer

Well-Known Member
23 July 2014
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A property settlement for de facto relationships is not unlike a property settlement for a marriage.

A property settlement can be whatever you and de facto husband can agree to, but in the absence of agreement, either one of you has two years from the end of the relationship to file for an property settlement through the Court.

If the Court is asked to decide, it asks four questions:

1. What's the value of the shared asset pool?
2. What are 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?

In short, the greater the contribution and the greater the future need, the more favourable a property settlement will be for that party.

Outside of that, there's really no hard and fast rule for who gets what and how much in property settlements because each and every case presents with different facts and circumstances.

I strongly suggest getting legal advice, of course, because a lawyer will be able to look more closely at your assets and provide some clearer prospects for you.
 
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sammy01

Well-Known Member
27 September 2015
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Short relationship... No kids... He has lots of debts...

I think you are better to walk away... You have had a few years where you had a lifestyle that you could not afford on your own. You have done well but he has no obligation to keep you in that lifestyle...

He has debts, right. So lets pretend you want half his assets. Do you want half his debts too?