De Facto Separation
The client is contemplating a separation from their de facto partner. They share ownership of a house with an associated mortgage, and there are concerns about potential financial actions by the partner, such as transferring money to inaccessible accounts and claiming the house deposit sourced from family inheritance. The situation is complicated by the client’s business, which received funding from the partner, affecting asset division. The client is also anxious about securing housing due to compromised rental references. Their key concerns involve ensuring financial security and housing stability for themselves and their child.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat rights do I have to the house and other assets, considering they were partially funded by family inheritance?
In Queensland, contributions to property in a de facto relationship are assessed under the Family Law Act 1975. The court evaluates both parties' contributions, including non-financial contributions like home maintenance and child care. The aim is to achieve a fair and equitable division, taking into account future needs and responsibilities, especially regarding childcare. Documenting your contributions and obtaining independent legal guidance is essential.
How can I protect my share of the property and the business against risks from my partner?
To safeguard your interests, consider applying for an injunction to prevent your partner from transferring or disposing of assets during negotiations over property settlement. Additionally, filing a caveat on the property title can protect your interests. It is also important to collect detailed financial records and evidence of your contributions to the business. Consulting a family lawyer to clarify your entitlements under the Family Law Act 1975 is highly recommended.
What steps can be taken to ensure fair division of financial assets like stocks and Cryptocurrency?
To ensure an equitable division of financial assets, gather all relevant records, including account statements and transaction histories. Seeking interim orders can prevent the transfer or sale of these assets until the settlement is finalized. Engaging a financial expert knowledgeable about Cryptocurrency can assist in accurate valuation. Legal advice is crucial to understand contributions to the relationship under the Family Law Act 1975.
What legal options exist if my partner harms my rental references, affecting my accommodation search?
If your partner is intentionally damaging your rental references, you may have grounds for a defamation claim, provided you can demonstrate that the statements made were false and harmful to your reputation. Additionally, you might explore obtaining a restraining order if their behavior constitutes a pattern of harassment. Consulting the Residential Tenancies Authority for advice on maintaining your rental history is advisable.
How will the court approach property settlement considering we have a child together?
When determining property settlement involving a child, the court weighs various factors, including financial contributions, future needs, and the child's best interests. Spousal maintenance may be considered if financial dependency is demonstrated. Child support arrangements will typically follow a formula based on both parents’ incomes. Documenting your contributions and seeking legal advice is essential to safeguard your interests.
