VIC Settlement and new defacto partner

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

MsMonkey

Member
25 August 2020
2
0
1
My ex and I have been separated 4 years. We are finally doing entering financial property settlement discussions.
He has a new defacto partner. In agreeing on the property pool, current financial positions, etc do her assets / any assets they now have as joint, earning potential, etc come in to agreements / divisions??
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,082
953
2,894
Unless you have a disability of some kind her assets are probably not relevant.

Also, being separated for 4 years means you cannot rely on the Family Law for assistance as there is a 2 year limit on applications. You can apply for an extension but you'd need a good reason for the delay. Has your matter been accepted by the FCCA?

Contact me if you need legal assistance.
 

CSFLW

Well-Known Member
LawTap Verified
24 September 2018
310
22
659
Hello MsMonkey

What Rod is getting at may be relevant, but that depends on the answer to these questions:

1. Before you separated (4 years ago), were you in a de facto relationship; or
2. Were you married (if so, are you divorced and if you are when was the date of the divorce?).

The issues you raise about the joint assets are relevant and so is his earning capacity in relation to the divisions of assets, but before I can help you to navigate those issues, please answer the questions above.
 

meegee

Well-Known Member
13 August 2020
81
1
294
Hello MsMonkey

What Rod is getting at may be relevant, but that depends on the answer to these questions:

1. Before you separated (4 years ago), were you in a de facto relationship; or
2. Were you married (if so, are you divorced and if you are when was the date of the divorce?).

The issues you raise about the joint assets are relevant and so is his earning capacity in relation to the divisions of assets, but before I can help you to navigate those issues, please answer the questions above.

I don't want to hijack this post - but I actually have exact same question...defacto (13 years) - he confirmed almost immediately upon our separation (via lawyer letter - yes that's how I got told about OW) that he has "new partner" and we are now 10 weeks post separation and he is pushing for financial settlement by 4 sept (LOL) or he is taking me to court! advice on same thing please!!! thank you
 

sammy01

Well-Known Member
27 September 2015
4,703
673
2,894
So new partner isn't gonna be all that relevant.
If you've done mediation and he has the relevant 60i certificate - which he does, then yup he can apply to court. Stress less. I reckon he is doing you a favour, get it over and done with. Unlike our original poster who has had to wait 4 yrs.
 

MsMonkey

Member
25 August 2020
2
0
1
Hello MsMonkey

What Rod is getting at may be relevant, but that depends on the answer to these questions:

1. Before you separated (4 years ago), were you in a de facto relationship; or
2. Were you married (if so, are you divorced and if you are when was the date of the divorce?).

The issues you raise about the joint assets are relevant and so is his earning capacity in relation to the divisions of assets, but before I can help you to navigate those issues, please answer the questions above.

We are not yet divorced, no.
That will definitely be another signature to sign in amongst all the settlement of this though!!
 

meegee

Well-Known Member
13 August 2020
81
1
294
Hello MsMonkey

What Rod is getting at may be relevant, but that depends on the answer to these questions:

1. Before you separated (4 years ago), were you in a de facto relationship; or
2. Were you married (if so, are you divorced and if you are when was the date of the divorce?).

The issues you raise about the joint assets are relevant and so is his earning capacity in relation to the divisions of assets, but before I can help you to navigate those issues, please answer the questions above.
Hi CSFLW

I am still interested in a response. I believe my ex has been in a relationship with his new partner for coming up a year - and our formal separation date is only 4-5 months ago. The other party I believe has settled with her ex financially. I am interested if my ex and her joint assets are something that can be included in my partner and I's asset pool when we come time to financially settle?? You have suggested to original poster that this is possible??