QLD New Partner's involvement into Property Settlement

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

Mec

Active Member
20 May 2020
8
0
31
My ex partner and I have just sold a home. We were in defacto rel. w 1 child and separated 10 months ago. He entered into a new relationship 8 months ago and lives with her. His new partner keeps butting into our property settlement and is causing problems. We can't seem to come to an agreement and he has now changed lawyers. His new lawyer has included the new partner in the e-mail correspondence to our conveyancing solicitor (by CC-ing her in the e-mail) in regards to the home sale and requesting that the money goes into the trust account until we reach an agreement.

I don't understand why is she being formally involved in the process?
She has sent me intimidating/bullying messages via social media about the property settlement and I believe she is the reason why my ex and I haven't settled yet.
What are my rights to exclude her from this process?

Thank you for your help.
 

Atticus

Well-Known Member
6 February 2019
1,135
187
2,394
His new lawyer has included the new partner in the e-mail correspondence to our conveyancing solicitor (by CC-ing her in the e-mail) in regards to the home sale and requesting that the money goes into the trust account until we reach an agreement.
If the lawyer is acting on his clients instruction then there is nothing wrong with cc-ing her into emails.... Also quite common for moneys to be held in trust by a solicitor pending a formal agreement.
She has sent me intimidating/bullying messages via social media about the property settlement and I believe she is the reason why my ex and I haven't settled yet.
Take screen shots of the messages for future use if needed.... Demand she stop messaging you.. You also have the option to block her on SM
What are my rights to exclude her from this process?
There is nothing you can do that can stop your ex from seeking, listening to or accepting advice from anybody including a new partner..

I expect she is suggesting that he is entitled to more then you agree with? ..... Have you sought any opinion from a family law solicitor on what your likley fair & just share should be?... If not, it may be worth you doing that if you believe you are being offered less than you should be so you have solid legal opinion to back up your figure.
 
28 March 2020
1
0
1
Hi,

Sorry to hear about your situation and the stress it must be causing you. Have you got a good lawyer? I believe that in some states if your ex partner has moved on and is living together with a new partner, you can include her and her assets in your overall property pool and settlement to be in your favour.

Have a look at this: My ex has a new de facto – how does this affect my property settlement? - Merridy Elphick Lawyers

Ask you lawyer if this might apply to you.

Wishing you all the best!