Case Study: De Facto Property Settlement

February 26, 2016 – at 2:32 am – by Bodekers Family Lawyers

Perth Family Law – De Facto Property Settlement

The length of a de facto relationship is important in property settlement. However, the court will consider other factors when deciding upon property settlement and spouse maintenance.

In Perth Family Law, the court at least considers:

– the length of the relationship,
– whether the couple have children,
– whether the parties lived together,
– and whether the parties jointly owned property or shared bank accounts.

The fact of being in a de facto partnership for over a decade doesn’t always safeguard a partner. Your property settlement and access to spousal maintenance is unique to your situation.

You need to file for property settlement or spousal maintenance in court within two years of separation.

Case study: De facto property settlement in a long relationship

A recent 2016 case involved a couple who had a 27 year relationship. Despite this, the court found that it would not be ‘just and equitable’, i.e. ‘fair’ to make an order to alter the property interests of the parties. This was due to the following reasons:

– there were no children of the relationship
– although cohabiting, each party owned their own property (house)
– each party had made non-financial contributions to the other’s house by way of renovations
– the parties had kept separate finances throughout the entirety of the relationship

De facto property settlement can is complex. Are you considering separation, or have you separated from your de facto partner? If so, you should seek legal advice to learn about your entitlements. We invite you to meet with Legal Practitioner Director Shannon Bodeker. Ms. Bodeker is very experienced in de facto property settlement.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation. We read this on a complimentary basis before meeting with you.

Please note this is not family law advice. It is important to seek specific family law advice. We can provide you with the best legal advice regarding de facto property settlement.

Email our Legal Practitioner Director Shannon Bodeker now. She provides a free pre-read and first appointment at a reduced rate.