1 Comments Family & de facto law, financial agreements, consent orders
A defacto relationship is determined on a two year period of living together and engaging in a shared physical, emotional and financial relationship. If you have proof of the relationship being like this for less than two years, then it's not considered a defacto partnership and therefore, he would not be able to claim based on this. If you can also prove that he has made no contribution to mortgage repayments, coupled with the fact that you bought the house 6 years before you met him and since the relationship ending, you have been solely paying the mortgage, with no contribution from him, he would never get half anyway, even if the relationship was over two years. Given the fact that you ended the relationship a long time ago and he has made no claim previously and the fact that he is now making a claim at the very same time period that you have asked for the order to be extended, it won't look good in court. Prove it with dates of when you asked for the orders to be extended and when you first heard from him that he was making a claim, the court can put two and two together. There is a child involved that you have physical custody of and that will play into it as well. Make sure you say that you cannot afford to pay him any money, but considering he never helped you financially with the mortgage, the court may see this as a moot point. Keep all communication and if you can manage to have any communication in written form, that would be better in light of going to court. Get all your proof out for mortgage and financial proof. I don't think that the FV will come into play with a property issue though, but keep that proof with you as well. The last thing is to get some free legal advice. Some legal firms will offer a free phone call or appointment. Write your questions down before contacting them so you can get the most out of the limited free time.