De facto Relationship

[John Ashington]

Good evening everyone.

My situation is as follows.......I was in a relationship with a Thai lady (still living in Thailand) from September 2015 until January 2018 (28 months)

During this period my girlfriend would travel to stay with me for periods of 3 months (visitor visa), whereupon I would take care of all of her expenses.......she maintained her own family home in Thailand during this time.

As is custom in relationships with ladies from South East Asia I would also make periodic payments towards her daughter and her extended family on a needs basis.

During our 28 month relationship I would say that she stayed with me for about 12 months in 3 month blocks.

She has a 12 year old daughter from a previous relationship, who has never stayed with me.

In the circumstances I outline above, do you think my ex girlfriend would have a reasonable claim for maintenance/ child support against me..........what about superannuation????

Taking into account the relatively short time frame of the relationship and the fact that we only spent around 12 months together over the 28 months of the relationship...is it likely that any claim she could make against me would be limited?

Many thanks

John

 

[AllForHer]

You won't have to pay child support since the child isn't yours.

To get spousal maintenance, she would have to get your agreement or she would have to get an order from the Court, but the likelihood of that happening is very slim. Spousal maintenance orders are only made where one party can prove financial hardship as a result of the marriage and the other can actually afford to pay it.

I highly doubt your relationship would be considered de facto for her to be able to seek property settlement for the superannuation or spousal maintenance, anyway. You have to live together for at least two years in a genuine domestic relationship or share a child to be considered de facto.

 

[John Ashington]

Good morning and many thanks for taking the time to respond.......if I may, I have three further questions.......

When reference is made to having lived together for a period of 2 years.....does that refer to 2 year continuous/combined time living together?
i.e. I was in a relationship with my ex girlfriend for 28 months, but we only actually spent around 12 months together.....would this negate the 2 year period required to be considered de facto?

Also, would the fact that that my ex girlfriend still resides in Thailand not prevent her from lodging a claim for maintenance anyway?

Finally, if a claim against my superannuation was successful......would it likely be a 50/50 split scenario, or considering the fact that my relationship was as outlined above.....would it likely lead to a more limited claim on her behalf.

Thanks again

John

 

[AllForHer]

Drib-drab holidays of a three months at a time don't really reflect a 'genuine domestic relationship'. Your ex can still seek a property settlement that includes an order for spousal maintenance, but I would be confident putting forward an argument that you weren't in a de facto relationship, thereby negating her eligibility for a property settlement, and as such, her application should be dismissed.

If the Court did allow a property settlement application to proceed, and she did claim super, only the super gained during the relationship would be taken into account. For example, let's say your super balance was $100,000 when you met and was $120,000 when you separated, your ex would only be able to claim a portion of the $20,000 in super gained during the relationship.

Like I said, though, the likelihood of eligibility for even getting a property settlement is pretty damn slim.

 

[John Ashington]

Drib-drab holidays of a three months at a time don't really reflect a 'genuine domestic relationship'. Your ex can still seek a property settlement that includes an order for spousal maintenance, but I would be confident putting forward an argument that you weren't in a de facto relationship, thereby negating her eligibility for a property settlement, and as such, her application should be dismissed.

If the Court did allow a property settlement application to proceed, and she did claim super, only the super gained during the relationship would be taken into account. For example, let's say your super balance was $100,000 when you met and was $120,000 when you separated, your ex would only be able to claim a portion of the $20,000 in super gained during the relationship.

Like I said, though, the likelihood of eligibility for even getting a property settlement is pretty damn slim.

Thanks again.....this is very re-assuring