NSW Splitting Assets Same Sex Relationship

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Sophie Parker

6 September 2014
I have recently split from a 14year same sex de facto relationship. I am concerned that my ex is going to try to get half of my assets (shares, superannuation, property, personal financial accounts etc).

So far, my ex has not sought legal advice. What I would like to know is whether I could safely (legally) move money from own personal account (work earnings) out of the account to prevent my ex from being able to try and get some of this? She has made no contribution to this account. It is all my own personal money.

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Sophie,
Given that this is a de facto relationship for longer than 2 years, there may be claims to your property even if it is solely in your name or you solely contributed to it. This is because your ex partner may have contributed to other aspects of your life together that allowed you, or assisted in you, getting that property/account. For example, earnings by one partner while the other partner looks after domestic duties, or pays bills etc.

If you and your partner are on relatively okay terms right now, I would suggest sitting down and entering into a separation agreement whereby you make it clear that each person's assets belong to themselves unless it is a shared asset or something along those lines. Then apply for a consent order once this is done to ensure enforceability.

Like other separations and divorces, personal accounts and income form part of the "shared pool" which will be considered by court should it go to court. It is better to settle things without litigation.

There are many Family Law Forum threads on here that touch on property division after separation. I suggested giving them a read:
- "Separation and assets"
- "Separation - Financial agreement"
- "Financial access after separation"

Good luck!
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