4 Comments Family & de facto law, financial agreements, consent orders
1)... She can make a claim. Highly unlikely to be entitled to half... More common scenario is 50% of any increase in value over the course of the relationship. There is a window of 2 years after final separation within which a party to a de facto relationship can file a property settlement without leave of court... If they were to begin to cohabit again during that period, the 2 years would reset if the cohabitation was 3 months or more.....Because she has an equitable interest in the property by way of family law, she may be advised to place a caveat over the title if no agreement is reached.... 2)... No. She couldn't begin an administrative assessment with the CSA in respect of his non biological children, only the 2 year old.. 3)... Superannuation splitting is not a mandatory inclusion in property settlement... She would first have to seek an information pack from his super company. May not be worth it... Items like boats & motor vehicles if they are to be included in settlement, are assessed on their current second hand value only
After the much appreciated and excellent advice above, things have deteriorated somewhat ......... The now departed "partner" of some 5 years in my son's mortgaged home is also using a car he bought for her in HIS NAME and she has said he must not only pay for the registration - due in 2 weeks time - but also for its upkeep and maintenance. He has in turn told her to return the car to his home and he will keep it for himself. I would think a Court would lean in her favour here as she has 3 little kids (One only being his biological daughter) To thicken the plot, he has now ascertained that for the whole 5 years she had lived in his home, she has also been claiming Single Mother's Allowance and Rental Assistance from Centrelink .......big money I would imagine? I think the situation has deteriorated to the stage wherein it cannot be salvaged so could he get free legal to commence shutting the whole relationship down once and for all? He is penniless other than the home! Gotta love families! Many thanks again!