Defacto Relationship and Divorce Settlement
The client recently ended a defacto relationship in Victoria, Australia, which lasted for approximately two years. During this period, the couple did not acquire property together, and no joint assets are currently held. The client has been managing personal expenses while the partner covered household bills due to her involvement in a divorce settlement with another individual. The client sold their property, making the proceeds available to the defacto partner. There are no existing court orders or legal advice sought regarding this relationship or the divorce, and the ex-defacto partner is not claiming spousal maintenance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow does my defacto relationship impact the property settlement?
Your defacto relationship can influence your divorce property settlement if there is a financial intermingling of assets or debts. While your defacto partner isn't claiming any assets, the effects of your financial situation arising from this relationship could be relevant. The funds from your property sale may be scrutinized during divorce proceedings, particularly if your ex-spouse claims that shared funds were diverted. It's important to document how these funds were used and consult with a family lawyer for clarification regarding any claims that might arise.
What are the legal rights and obligations of a defacto partner in Victoria?
In Victoria, a defacto partner has legal rights and obligations similar to a married partner under family law provisions. This includes the ability to seek a property settlement and spousal maintenance if certain criteria are met. Since your defacto relationship lasted two years, you may be eligible to pursue financial matters under this legislation. Claims typically must be made within two years of separation; however, as there are no joint assets and spousal maintenance is not being claimed, those issues may not apply here.
Can my ex-partner claim spousal maintenance from me as a result of our defacto relationship?
In Victoria, a defacto partner may claim spousal maintenance if they demonstrate a need for financial support and if the ex-partner has the capacity to provide it. Factors considered include the length of the relationship and financial contributions. Given the circumstances, it is unlikely that a claim for spousal maintenance would be successful. However, contributions made toward daily expenses and access to funds from the property sale may be relevant. Seeking specific legal guidance to understand potential obligations is advisable.
What steps should I take to protect my assets in both the defacto relationship and the divorce proceedings?
To protect your assets, consider the following: 1. Document all financial contributions made during the defacto relationship, including receipts and bank statements. 2. Secure remaining assets to prevent further claims, possibly by opening a separate bank account. 3. Consult with a solicitor experienced in family law for tailored guidance. 4. Stay informed about the ongoing divorce proceedings as they may affect your financial position.
Are there any time limits or deadlines I need to be aware of regarding claims from my defacto relationship?
In Victoria, there is typically a two-year time limit from the date of separation to make a claim for property settlement or spousal maintenance from a defacto relationship. Since the separation is recent, the timeframe to initiate any claims is still available. It's important to be mindful of this limit when addressing any financial issues related to the defacto relationship.
