De Facto Property
The individual has separated from their partner after a relationship lasting a decade, during which they resided together in a city in Victoria. The partner owned the residence before the relationship, which is presently valued between $420,000 and $480,000. They have one child together, and the individual worked full-time prior to taking around three years off to care for the child. The partner contends that the individual is not entitled to any claim over the property. The individual seeks clarification regarding their potential entitlements related to the property.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkAm I entitled to a share of the property even though my partner owned it before we met?
Yes, you may be entitled to a share of the property despite your partner owning it prior to the relationship. In Australia, the Family Law Act governs property settlements in de facto relationships. The court evaluates the entire financial situation, including contributions from both parties and future needs. Your contributions to the household, both financial (working full-time) and non-financial (caregiving), are significant. The law recognizes that contributions are not solely monetary. The court aims for a fair division based on these aspects. More details on de facto property settlements are available in the Family Law Act.
How do my financial and non-financial contributions to the household during the relationship affect the property division?
Your contributions significantly influence property division. In a de facto relationship, the Family Court considers direct financial contributions as well as indirect contributions, such as homemaking and caring for your child. Non-financial efforts during your child-rearing years also hold weight. The court assesses these contributions to determine an equitable distribution of assets. For further legal guidance, refer to the Family Law Act or consult with legal resource organizations.
What factors does the court consider in determining property settlement in a de facto relationship?
The court assesses various factors under the Family Law Act, including the relationship's duration, both parties' contributions to the property and family welfare, the future needs of each party, and whether any property was procured prior to the relationship or after separation. Although your partner owned the house before the relationship, your contributions and the presence of your child are essential considerations.
How is the best interest of our child considered in property division?
The child's best interests are a primary consideration in property division. The court evaluates how the property settlement can ensure the child's housing stability and overall well-being. If the child mainly resides with you, the court might take into account your need to retain the family home or adequate assets to secure accommodation for the child. The court focuses on providing a secure environment that meets the child's needs.
What is the process and timeline for resolving property disputes in family law matters?
The resolution process begins with negotiations or mediation to reach a settlement. If unsuccessful, either party can apply to the Family Court for a property settlement order. The timeline varies based on case complexity and court schedules, typically taking several months to over a year. Parties in a de facto relationship have up to two years post-separation to apply for property settlement. The court evaluates the couple's assets, liabilities, contributions, and future needs during this process.
