VIC Settlement and new defacto partner

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MsMonkey

Member
25 August 2020
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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
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27 May 2014
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www.hutchinsonlegal.com.au
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
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24 September 2018
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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.
 

sammy01

Well-Known Member
27 September 2015
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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!!