Fiancé dealing with de facto ex mother of his kids

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
26 August 2019
2
1
4
My fiancé has two primary school children with his ex de facto partner. They were in a relationship for 4 years. The first child was born overseas. My fiancé applied for a spouse visa for his ex and his child to move to Australia. When they both arrived six months later is when the cohabitation began.
Does it mean that their de facto relationship started on arrival to Australia?

2 months after settling in Australia, she took the child and moved back to her country for almost a year. During that year, my fiancé paid for a rental condominium for her and the child and all expenses. Since the ex was not in Australia, does that time frame of almost a year outside Australia count as de facto? Because if it does not then the de facto relationship was only 3 years and not 4.

The mother is in her thirties and is now an Australian citizen. Although capable, she has never worked and receives Centrelink benefits. Apart from looking after the children, she has not contributed anything to the relationship. Not even cleaning the house.

They have been separated for almost 2 years now. She knows that there is a time limit of 2 years after separation to apply for financial settlement and went to see a lawyer who ditched her after she refused a settlement of $20k wanting more from the house. My fiancé got a mortgage for a house with a capital he gained by selling a flat overseas (which he bought before meeting her). The house is now valued $100k less than what he bought it for. There is therefore no money to be made. Can she force the house to be sold? This will incur debt, does it mean she will get half the debt? She does not understand that there is no money in the house, hence, I suspect, her lawyer stopped representing her.

My question is: if there is no financial settlement done prior to the 2 years separation date, how long after can she still apply for financial settlement? Reading the court website, it appears that because she is the mother of his children, she can still apply after 2 years separation.

This leads to my other question: when can we get married?

If we get married before a financial settlement is done with his de facto ex (mother of his kids), will she be able to then claim my assets as well? Can she turn around in one year time and apply for a financial settlement even though her ex de facto partner is married? When will all this end??
Thanks.
 

Atticus

Well-Known Member
6 February 2019
1,248
198
2,394
My question is: if there is no financial settlement done prior to the 2 years separation date, how long after can she still apply for financial settlement? Reading the court website, it appears that because she is the mother of his children, she can still apply after 2 years separation.
If the 2 years passes, she could seek leave to file out of time.... To be successful she would need to satisfy the court that she made significant & substantial contributions, primarily towards property & or child rearing, AND that not granting leave to apply would result in serious disadvantage to her or a child... She would also need to give a convincing reason why a settlement was not filed within the 2 years
This leads to my other question: when can we get married?

If we get married before a financial settlement is done with his de facto ex (mother of his kids), will she be able to then claim my assets as well?
Your assets can not be drawn into a settlement... However, any assets you acquire now or have already acquired TOGETHER, may be... In that event you could apply to become a party to proceedings

When will all this end??
The longer the time after the 2 years she seeks leave to apply, the less likely it is to be granted
 

sammy01

Well-Known Member
27 September 2015
4,273
621
2,894
stress less. She could spend $ on solicitors BUT for what purpose? She could spend 10's of thousands $$$ to achieve NOTHING.