De-Facto FAQs
Author(s):LAC Lawyers
Publish Date: April 24, 2008
Q. Are de-factos in any better a position that married people?
A. No. De-factos are in a worse position than married people as the law which applies in their case is not the same as applied to married persons. Whenever people are involved in a de-facto relationship they should seek appropriate legal advice to find out their rights and obligations to their ex-partners once the relationship ceases.
Q. What can I do where I am being threatened by my ex-partner who has a history of violence towards me?
A. The proper course of action is to notify the police so that an AVO can be obtained. This assists to protect you by placing certain restrictions on the offending person’s ability to approach or contact or communicate with the person so threatened by them.
Q. I have just ended a short term relationship with my former girlfriend who is threatening that if I do not return to her she will report me to the police saying that I sexually assaulted her?
A. This situation is not uncommon and involves both males and females alike. Irrespective of gender if you are blackmailed by someone to return to a relationship which you have terminated then do not hesitate to approach your lawyer and have them contact the police to ensure that you are adequately protected.
Q. My de-facto partner and I recently separated and it is proposed that we split the assets 50:50. What should I do?
A. If there are no children then it is purely and simply a question of splitting the assets but it should be remembered that de-facto couples are not treated as generously as married couples. It really gets down to taking accounts and the extent of financial contribution made by each partner.
Q. I am currently involved in a de-facto relationship and my partner has excluded me from the home by locking me out. What can I do as she has become personally violent towards me and we need to sell the house so we can go our separate ways?
A. In regard to the property you should ask your solicitor to write to your ex-partner indicating that you wish to have the property sold and if they do not comply then you can always approach the Equity Division of the Supreme Court for assistance.
Q. I am just about ready to retire and I am involved in a relationship with someone which has been going on for some years although we do not live together. I wish to protect my assets which are substantial while she has hardly any. What should I do?
A. You need to enter into a financial agreement with her so that she fully understands what you are doing in regard to your assets and make sure she is given a copy and seeks independent legal advice so she fully understands her position before you proceed further.
Q. Do you think it advisable for me to enter into a financial agreement with my intended defacto partner as I have all the assets and she has very little?
A. Yes. There are a number of reasons for doing this but principally you need to ensure you are fully protected given your age and if the relationship breaks down then you have a level of protection which would not otherwise be available to you.
Q. I have been involved in a same-sex relationship with another person for over 20 years and I have retained a firm of solicitors who seem reluctant to push my case as strongly as I would like. The other side is making mincemeat out of my representative who does not seem to know what to do to counter their attacks. What do I do in the circumstances?
A. If you are unhappy with the type of representation you are receiving and the service is falling well short of your expectations then you need to consider whether or not it is in your best interests to move to another lawyer. Same-sex defacto relationships and marriages which fail all require representatives who possess skills appropriate to best represent their client’s interests. If counselling, mediation and conciliation has not worked for you such that you find you are under constant attack and need to take a more forceful approach then perhaps it is time for you to consider changing lawyers to one who can better represent your interests as a 5-10% swing in entitlements from one party to another may mean that legal fees become irrelevant in this context as you will need to fully protect your interests in these circumstances.
Q. I have just broken up with my defacto partner and everything was in her name, although I did a lot of building work to improve the property and paid the mortgage instalments whilst we were together. Am I entitled to be recompensed for my contribution to the relationship?
A. Yes. Effectively where two people are in a defacto relationship and one makes all the financial contributions to it whilst the other takes the benefits even though they may own the principal asset the court will look to the nature and extent of the financial contributions you have made and the assets will split based on this after accounts have been taken.
Q. My boyfriend has a couple of children to an ex-girlfriend who has packed up, moved on and not told anyone where she has gone. Is there anything my boyfriend can do?
A. Yes. He can approach the court for orders which means that anybody who has any knowledge of those children’s whereabouts has to deliver up information so that their current location can be discovered so the court can make orders for their return.
Q. I am a grandmother - do I have any rights to see my grandchildren?
A. Yes. You fit within a particular class of important individuals which the court considers important to the development of children and therefore you would be entitled to see them after you have obtained the requisite court orders.
Back
|