Defacto settlement - do I have a claim or not?

[L11]

Hi all, I tried to post my full story on here but it is not letting me, can somebody please answer the question - do I have a property claim over my ex's $3m asset pool if we have only been residing together for 13 months and we have a child? Child is 18 months and lives with me 100%. We were together in total four years with total period of living together being 2.5 years, but ex is arguing we have only been 13 months. Ex kicked me out when I was pregnant and we got back together when she was born. I had 160k when we met, it has been dispersed into Bloodstock with my ex and other living expenses and I'm left with 15k savings and no other property. I've worked in his business but he wouldn't pay me a wage as he didn't want me to be able to financially contribute to anything. The business met most of our living expenses. The story is much longer and more detailed than this but based on a 13 month period which he will argue, is there still a claim? I was 100% carer for our child, looked after his two children when they were with us so he could work (30% care) and did everything at home. We have been separated 4 months, he won't cooperate with legal letters and so it has cost me $6000 just to get one letter back from him which says I'm not entitled to any claim. I've also attended mediation but he hasn't attended. He has agreed to pay spousal support but cut the payments last week. The was an intervention order taken out against him by the police for an act of family violence which ended our relationship. It is in place for the next 18 months. I know he has just received an offer for $6m on his property giving him $3m equity.

Can somebody please tell me do I have a claim, and if so how do I pursue it? Or do I walk away with my 15k and our daughter and start again.

Thank you

 

[Rod]

Yes, you have a claim. Start by getting some legal advice and take matters from there. It won't be anywhere near half of the pool, but you should at least be able to reclaim the amount you contributed, plus a x% more for looking after a child.

 

[Shanahan Law]

Hello. Yes, you meet the de facto relationship definition. Even if your ex is accepted on the point concerning the duration of the relationship (13 months), the fact that you have a child together is decisive IMO. I think you have a claim that is worth pursuing.

 

[L11]

Thank you for your answers!
Could you please tell me roughly how much of a percentage they might decide for us having a child?
I have used a lawyer so far but her advice has been very vague, and the costs are so high (6k already) I can’t keep paying them as he keeps dragging it out. Can I apply for court orders myself? Or how else should I proceed?
Thank you again

 

[Shanahan Law]

It is hard to say what percentage the court might award based solely on the information provided, and, to a degree, whether your expenditure of $160k contributed (directly or indirectly) to the primary asset (the $6M property). Assuming it did not (I don't know what Bloodstock is), I might think 5% is fair, give or take a few percentage points. You should also consider seeking spousal maintenance as part of the orders sought in any application you file, and also (if you haven't already), contact the Child Support Agency in respect of an assessment. I don't think it is wise to continue to try to negotiate with him, particularly given that it has cost you $6k to do so already. At that rate, you would use up all of your entitlement on legal fees by the time you get a trial (if not beforehand). You can file as a self-represented party. The forms can be found here: Initiating Application Kit (do it yourself kit) - Federal Circuit Court of Australia