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Anyone know a bit about legal defacto break-up

Anyone know a bit about legal defacto break-up

Old Apr 9th 2013, 8:29 am
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Default Anyone know a bit about legal defacto break-up

Hi all....any help will be appreciated.
Am about to embark on a 22 year relationship break-up.
Facts :
Partner worked f/time in Uk but has only worked p/time here, out of choice and walked out of his last p/time job nearly 2 years ago and not made any attempts to get employment since.

We sold our UK property and bought here four and a half years ago. In that time, he has only worked for two years, 2 days a week and that mostly funded his addiction.....the reason for this break-up. I am the breadwinner.

We put down a large deposit and have a mortgage on the rest.

He has no income or benefits. He is about to claim a small UK pension of 50GBP p/week and has a small property in Ireland that he inherited years ago (before he met me).

We have small savings in the UK. It was a much bigger sum but that has also funded his addiction.

We have savings here of which my partner has made zero contribution.

A have super that I started here in my job, just basic contributions and no other private pension.

We have no children.

So, my questions are

Will I need to pay maintenance?

I was thinking of paying him half the amount of the deposit we put down on this house and nothing more.

Basically, that is it.
I guess I should get this house valued. What happens with an increase or decrease in value? I feel like I could ignore an increase because, really, he has the house in Ireland that he will go back to live in (I recently paid 4000 euros towards it's upkeep). If there is a decrease, I feel I could reflect that proportionately in the money I give him from his share of the original deposit.

So that's it....oh I hope someone here has a little legal knowledge on this.
Thanking you in advance.
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Old Apr 9th 2013, 8:45 am
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Default Re: Anyone know a bit about legal defacto break-up

I'd see a solicitor ASAP! I came out of a long term defacto two yrs ago and currently we are heading to court to sort things out. He will have two yrs to make a claim against you if you dont legally sort things out properly and the % will be all assets at that time. things are different for us as we have a child and I didn't work. Good luck hope things work out for you.
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Old Apr 9th 2013, 9:30 am
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Default Re: Anyone know a bit about legal defacto break-up

Originally Posted by Kelli28 View Post
I'd see a solicitor ASAP! I came out of a long term defacto two yrs ago and currently we are heading to court to sort things out. He will have two yrs to make a claim against you if you dont legally sort things out properly and the % will be all assets at that time. things are different for us as we have a child and I didn't work. Good luck hope things work out for you.
I think not having children is a big factor in my favour but I had no idea about the two year thing. I had thought/hoped we may come to an agreement amicably but even if we did, I will obviously need that made legal so he can't make any further claims.
I am hoping that the thousands and thousands that he has spent on his 'habit' would make him back out gracefully.
Thanks for that....and good luck with yours.
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Old Apr 9th 2013, 1:18 pm
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Default Re: Anyone know a bit about legal defacto break-up

See a lawyer. Of course you could go down to the local pub and ask there for advice. Do not rely on a forum for important legal advice !
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Old Apr 9th 2013, 5:16 pm
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Default Re: Anyone know a bit about legal defacto break-up

Originally Posted by Brisbane bound View Post
Hi all....any help will be appreciated.
Am about to embark on a 22 year relationship break-up.
Facts :
Partner worked f/time in Uk but has only worked p/time here, out of choice and walked out of his last p/time job nearly 2 years ago and not made any attempts to get employment since.

We sold our UK property and bought here four and a half years ago. In that time, he has only worked for two years, 2 days a week and that mostly funded his addiction.....the reason for this break-up. I am the breadwinner.

We put down a large deposit and have a mortgage on the rest.

He has no income or benefits. He is about to claim a small UK pension of 50GBP p/week and has a small property in Ireland that he inherited years ago (before he met me).

We have small savings in the UK. It was a much bigger sum but that has also funded his addiction.

We have savings here of which my partner has made zero contribution.

A have super that I started here in my job, just basic contributions and no other private pension.

We have no children.

So, my questions are

Will I need to pay maintenance?

I was thinking of paying him half the amount of the deposit we put down on this house and nothing more.

Basically, that is it.
I guess I should get this house valued. What happens with an increase or decrease in value? I feel like I could ignore an increase because, really, he has the house in Ireland that he will go back to live in (I recently paid 4000 euros towards it's upkeep). If there is a decrease, I feel I could reflect that proportionately in the money I give him from his share of the original deposit.

So that's it....oh I hope someone here has a little legal knowledge on this.
Thanking you in advance.
Brisbanebound, have a look at this in the first instance http://www.familylawcourts.gov.au/wp...er+separation/

If you and your ex can come to an amicable agreement, then all you need to do is apply to the Family Court for consent orders (this means the agreement will be legal and binding).

Your only other option, unfortunately, is to engage a solicitor/lawyer, and unless your ex wants to negotiate with your legal advisor himself (which would be most inadvisable on his part!), then he'll have to do the same. I have had personal experience of the break up of a long standing relationship, in my case a marriage, and I can't stress enough the importance of getting competent legal representation. It's not a nice situation to be in and I wish you the best of luck.
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Old Apr 9th 2013, 11:07 pm
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Default Re: Anyone know a bit about legal defacto break-up

Thanks for that. I will look into all that today. it all looks so complicated.
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Old Apr 24th 2013, 6:11 am
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Default Re: Anyone know a bit about legal defacto break-up

Many solicitors will do an initial free consultation. Get a referral to a family law specialist from the Qld Law Society or via their website.

You can also get free legal advice (at least to put you on the right path) from a Community Legal Centre.

Good luck!
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Old Apr 24th 2013, 6:47 am
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Default Re: Anyone know a bit about legal defacto break-up

This is not advice but merely a neutral guys perspective.
You are not married, but de facto, and you emigrated here when you were both in full employment, therefore in good faith that the same would occur here.
Since being here he has restricted himself, through choice, to part time work and has an addiction (gambling or drugs I am assuming which cost money, sex addiction usually has no financial penalties!) which has drained your financial resources and placed a high psychological burden upon you.
He has property Overseas and some minor income but I am assuming that he still has a skill with which he could find employment with?
I do not assume Maintenance will be a large figure as he did not HAVE to give up to support any children or sick relatives, he merely relied upon YOU to provide him with the funds he needed to support his CHOSEN lifestyle.
As others have said, look up the Family Law Courts first and find out some basic answers. Then arrange an initial consultation with a Solicitor, they will do it as 9/10 times the client will use them so its worth them giving you a sound basis for proceeding.
Once you have the basic facts at your disposal then you can approach your partner, I'm assuming at this stage that you have not informed him of his impending doom?
There are a fewe possible outcomes so like a good chess player try and anticipate them all with counter moves:
1. He accepts your decision and gracefully bows out on good terms with a legal agreement in place. This requires maturity and acceptance on his part, odds? Result = No further action and you carry on with a happy life.
2. He is aghast at your 'sudden decision' and promises to change and resolve your relationship. Depending on his addiction will affect the odds of that occurring to a satisfactory conclusion, unless that boat has already sailed. Result = if he sticks to his promise and you rekindle romance then a satisfactory climax but you will always 'be wary'.
3. He is angered and frustrated by your 'deceit' and could resort to violence and intimidation. How likely is this and if so who is your 'safety number'? Result = a long and messy legal road with Solicitors gaining more money by the week and your life in limbo.

Its obvious you are best rid of the chap, my non legal but moral code suggest he would get nothing...but then again that's why I only train people!
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Old Apr 24th 2013, 8:13 pm
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Default Re: Anyone know a bit about legal defacto break-up

http://www.familylawcourts.gov.au/wp...s/Maintenance/

http://www.familyrelationships.gov.a...breakdown.aspx
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Old Apr 24th 2013, 11:13 pm
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Default Re: Anyone know a bit about legal defacto break-up

Originally Posted by spouse of scouse View Post
Brisbanebound, have a look at this in the first instance http://www.familylawcourts.gov.au/wp...er+separation/

If you and your ex can come to an amicable agreement, then all you need to do is apply to the Family Court for consent orders (this means the agreement will be legal and binding).

Your only other option, unfortunately, is to engage a solicitor/lawyer, and unless your ex wants to negotiate with your legal advisor himself (which would be most inadvisable on his part!), then he'll have to do the same. I have had personal experience of the break up of a long standing relationship, in my case a marriage, and I can't stress enough the importance of getting competent legal representation. It's not a nice situation to be in and I wish you the best of luck.
+1

I would not go rushing to a solicitor, do your best to sort it amicably if you can and do the above.

Paddyo makes a very good point that I might have otherwise overlooked, in that you are not actually married and I am pretty sure that defacto is not considered the same as married in a legal sense, even if it is in a social sense.

My money would be on this being matter of settling current assets, but I cannot imagine why you should be required to maintain an able bodied, former unmarried partner. (Disclaimer: I have no legal knowledge in this area.)
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Old Apr 24th 2013, 11:57 pm
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Default Re: Anyone know a bit about legal defacto break-up

Originally Posted by Bermudashorts View Post
+1

I would not go rushing to a solicitor, do your best to sort it amicably if you can and do the above.

Paddyo makes a very good point that I might have otherwise overlooked, in that you are not actually married and I am pretty sure that defacto is not considered the same as married in a legal sense, even if it is in a social sense.

My money would be on this being matter of settling current assets, but I cannot imagine why you should be required to maintain an able bodied, former unmarried partner. (Disclaimer: I have no legal knowledge in this area.)
Depending how long the relationship has been going on, often de facto does have the same status as married.
There's some info here for starters - http://www.familylawcourts.gov.au/wp...relationships/
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Old Apr 29th 2013, 2:41 pm
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Default Re: Anyone know a bit about legal defacto break-up

I am pretty sure that defacto is not considered the same as married in a legal sense, even if it is in a social sense.
Family Law is complicated, and differs between the UK and Australia. De facto in the modern Australian sense is not the same as common law was in the old English sense (sod all).
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Old Apr 29th 2013, 2:49 pm
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Default Re: Anyone know a bit about legal defacto break-up

If the OP's defacto relationship is treated the same way as a legal marriage by the Family Court, then as ludicrous as it sounds, the Court can indeed favour the 'dysfunctional' partner.

To whit (I've always wanted to say that, "to whit) - my former husband was granted 80% of the asset pool. The asset pool included my superannation. He didn't have any super, because he hadn't worked for 20 years. Not through any physical or psychological illness - he just decided that when I got a good job after studying full time while bringing up the three kids, that I was earning enough for him to be able to have a good life.

The magistrate's reasons for awarding him 80%? I had a well paid and secure job, and he didn't. Oh well, that's life. I'm as happy as a pig in - erm - a pig in - I'm very happy and life's never been better.
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Old Apr 29th 2013, 11:46 pm
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Default Re: Anyone know a bit about legal defacto break-up

Gosh, that seems so unjust....oh well, you are happy and life is good so that is as good as it gets.....money can't buy that....enjoy!
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Old Apr 30th 2013, 2:11 am
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Default Re: Anyone know a bit about legal defacto break-up

Originally Posted by Brisbane bound View Post
Gosh, that seems so unjust....oh well, you are happy and life is good so that is as good as it gets.....money can't buy that....enjoy!
Ta BB and you're right, some things are priceless!
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