by Lostsheep  31/01/2014  999 Page Views
10 Comments  Family & de facto law, financial agreements, consent orders
I own a 1 bedroom apartment in Sydney and invited my girlfriend at the time (who has a disability only 4% hearing capacity) to move in with me in about March 2012. The relationship broke down in October 2013(about 18 months into the relationship including live-in time) and she ended the relationship and I consented. I offered that she could remain living with me until she found suitable accommodation which I knew would be difficult for her to secure given that her only income is $800 per f/n from a disability pension and lacking in previous tenancy history as she is only 23 years of age and previously lived with her mother/brothers. She appears to be in a lengthy cue to secure public housing, I'm not certain how proactive she has been in that capacity. As a side note, since breaking up several months back we have not engaged in any sexual activity with each other, we are separated under the same roof, though I would like to see her move-on and find accommodation, I do regard her as a special friend and in a caring way, sensitive to her disability. She is bright however, a promising clothes maker/designer and actively looking for work.

I'm also separated 3 years from a marriage to another woman, I have a son who lives with her, thus I'm increasingly becoming interested in a financial agreement (after separation) in relation to my x girlfriend. (As a side note, I will be asking for advice in a separate thread on tidying up things with my wife).

I'm now In the process of moving into an apartment to rent, to be closer to my Son who is 5 and exhibiting behavioural problems for his Mother and I. I've said to my x girlfriend(deaf lady) that she is still welcome to rent with me when I take out a lease on an apartment in the coming days/weeks until she finds her own accommodation, on the proviso that we live in separate bedrooms and remain separated(no sex). As she puts it, "she has no other option", she does at least contribute a small part of her disability pension to the running costs of my mortgage of course including bills and food but well short of what it would cost her in the "real world". She is also happy to pay her way as a boarder in this new rental when it comes along soon.

I just wonder that given that we could be in a cohabitation situation as a de-facto couple but separated under the same room for months or years to come, whether I should be taking out a financial agreement given these circumstances. My assets include the equity in my mortgage of about $200,000, approximately $260,000 in work superannuation and about $30,000 in miscellaneous assets. Im not aware of any assets she has but I don't think it would amount to much.

Thanks for reading. I'm happy to clarify any points.