WA De facto relationship and property settlement

Discussion in 'Family Law Forum' started by Alexalexrandom, 29 May 2019.

  1. Alexalexrandom

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    hi,

    I am in a de facto relationship with my partner.

    We have been together for 5 years.

    First 2 years long distance relationship . No financial commitment...
    The third year , we lived together in temporary share house accommodations.

    Fourth and fifth years , We have registered our relationship in Queensland and moved to Perth.

    We have registered our relationship 2 years ago and we have been living together for 2 years .

    My partner bought a property one year ago under his name.

    I would like to know what my rights are when we break up? We have no kids..

    Many thanks in advance
     
  2. Atticus

    Atticus Well-Known Member

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    Rights and entitlements are two different things... If you break up, you have the right to file for a property settlement if you can't agree on how to divide assets..

    What each party may be entitled to depends very much on circumstances, who made what initial financial contribution, whether or not there are non financial contributions by either party that may warrant consideration, current and future needs etc etc..

    Best take all the facts and figures along to a family law solicitor for opinion
     
  3. sammy01

    sammy01 Well-Known Member

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    have a read
    De facto Relationships - Family Court of Australia
    AND
    Property and finances after separation - Family Court of Australia

    The duration of the relationship matters. 2 yr de facto.... I reckon that means you're not looking at very much at all. So in my 7 yr marriage the fact that the ex had an inheritance prior to meeting me meant that she got more of the asset pie. That would have not been the case if the relationship lasted 15 or 20 yrs.

    Short version. I don't think it is worth spending money on solicitors. You'll spend more on solicitors than you'll get in a property settlement. UNLESS the partner has a huge income and the house they bought was worth a few million $$
     
  4. Atticus

    Atticus Well-Known Member

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    I agree with Sammy01 that's it unlikely to be worth spending money on solicitors, BUT.. many solicitors offer a free 15- 30 minute initial consult... As long as you have all the relevant facts and figures with you, you will get an opinion on what your likely entitlement may be and can decide from there
     
  5. Williom James

    Williom James Active Member

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    After separation, your right is to apply for property settlement. The judiciary will weigh your and your partner liabilities and assets then they take decision accordingly. The separation process sometimes becomes complicated so always advisable to hire the best family lawyer in Perth, who can fight for your rights.
     
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