A common misconception in family law is that being in a lengthy relationship, married or unmarried, automatically qualifies you for a property settlement if you separate.
The Federal Circuit & Family Court of Australia in a recent property settlement case dealt with a separated couple who had been in a de facto relationship for 15 years.
The ordinary four step process in determining property settlement cases is:
- Identify the assets and interests available for division;
- Assess the financial and non-financial contributions of the parties throughout the relationship;
- Consider any relevant future needs factors; and
- Reach a just and equitable division of assets and interests.
In this case, at no stage during the course of the 15 year relationship was there any acquisition of joint real estate and while some renovations were conducted on each party’s home, there was no evidence that they were undertaken as a consequence of a joint decision by each of them to improve the particular property for their joint mutual benefit or to confer some equitable interest on the party who paid for the renovations.
It was on this basis that the Judge determined that the unstated assumption underpinning the parties’ relationship was that during the relationship they were each free to deal with their assets as they chose to do so.
If you have recently separated or are attempting to negotiate a property settlement, contact Tiyce & Lawyers today for an obligation-free consultation with an experienced family lawyer.
Tiyce & Lawyers – we’re here when you need us.
