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WA De Facto Property Settlement - Finalised?

Discussion in 'Family Law Forum' started by Josie Smith, 29 July 2014.

  1. Josie Smith

    Josie Smith Member

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    I have been separated for some time from my de facto and once the house is sold I thought that was it as everything else has been divided as part of the property settlement, but I am told he can still come back at a later date when I have built myself up again and claim more from me. He has taken everything I owned as it is. I don't want to live under that cloud any more as I just want to start my life afresh. When is a de facto relationship finalised between 2 parties?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Josie,

    Have you signed consent orders, entered into a settlement agreement or obtained court orders regarding your settlement? If not, he may well come back and want more from you.

    It is important to have a property settlement in order to finalise your financial ties with your ex. If you don't the other party can come back down the track and make a claim for Property Settlement. If this happens, the Court doesn’t look at the property at the date of separation, they look at it at the date of proceedings, and, if it makes it all the way through the Court process, at the date of Trial. Therefore, there are situations where property or debt acquired after separation by one party is brought into the property pool.

    Either party to a de facto relationship may bring an application for Property Settlement at any time after separation, but as you have done its best to deal with it straight away. Proceedings for a property settlement (court application) must be brought within 2 years of your separation as a de facto couple. If you don't commence property proceedings within these limits you may lose your rights. If a property settlement is not reached prior to this time limit, the other party may still be able to bring an Application for Property Settlement "out of time" with the court's permission. So even if you are outside of the timeframe for a property settlement to occur, you are still at risk.

    If you are able to negotiate and agree on your own settlement, the best way to finalise your property settlement is with consent orders which are orders that both parties have agreed to and which a court can review and if they are satisfied the settlement is just and equitable - make the orders.

    I would highly suggest you seek legal advice - protecting your future assets is an investment.
     
  3. Josie Smith

    Josie Smith Member

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    No consent order have been entered into as he refuses. On paper it looks like I am on the better end of the deal. I have signed our business over to him and that pays for all his bills and he goes on holidays every couple of months, also we now live separately . My concern is that he cannot handle money and it goes thru his hands like water where as I go without to save. I just dont want to save like mad once again to secure a home, then have him swoop (I owned my last home and shares before I met him now its all gone). If he refuses to go to court it seems my hands are tied, also everything I have handed over he has spent now anyway so how would I stand in regards to that seeing as I have now backpaid all the outstanding bills he ran up in my name before leaving etc and now he is running them up once again but this time in his name at a great rate of knots? The court will say he has nothing and see I am actually trying to save and I could lose it all once again, its frustrating...
     
  4. Sophea

    Sophea Well-Known Member

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    I understand your concerns Josie.

    If you were to apply to the family court for a property settlement, you do not need to jointly apply with your ex. You can make the application and it would be up to him whether he was going to participate in order to defend his own position. There are however pre-court steps you may need to take first. Also, I wouldn't be concerned about how the facts may 'appear' to a court, I think a court would be able to see through any claims that your ex is making if he is just squandering his money. I'm sure there would be evidence that would support this.

    Check out this website http://www.wlcwa.org.au/legal-info-and-support/relationship-breakdown-2-2/, and contact them for some general advice. They may be able to provide some more specific details for you. Otherwise, I would serious consider some legal advice to give you some peace of mind. There maybe ways that you can put your savings and investments into a trust or another vehicle of that nature that he cannot get to.
     
  5. Josie Smith

    Josie Smith Member

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    Think it will be much easier in the long run to go with the consent order rather than the constant worry. Appreciate you helping put this in prospective. Thank you so much.
     

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