My Ex Has a New De-Facto – How Does This Affect My Property Settlement?
When relationships end and new ones begin, it can bring about a host of legal and emotional considerations. One common concern is how a former partner's new de-facto relationship might impact the property settlement process. In this blog, we'll explore the implications of your ex having a new de-facto partner and what it means for your property settlement in Queensland.
Understanding Property Settlement in Queensland
Before we dive into the impact of a new de-facto relationship, it's crucial to understand the basics of property settlement. Property settlement involves dividing the assets and liabilities accumulated during the relationship. The process aims to reach a fair and equitable distribution, considering various factors such as each party's financial and non-financial contributions, future needs, and the welfare of any children involved. These settlements are governed by the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, which provide a framework for the fair and equitable division of assets and liabilities.
What is a De-Facto Relationship?
A de-facto relationship in Australia is defined as a relationship between two people who live together on a genuine domestic basis but are not married to each other. This can include both same-sex and opposite-sex couples. The existence of a de-facto relationship can impact various legal proceedings, including property settlements.
My Ex Has a New De-Facto – How Does This Affect My Property Settlement?
When your ex enters into a new de-facto relationship, typically speaking, it should not directly affect your property settlement. The court will only look at the assets and liabilities at the end of your relationship, not their current situation. However, there are some factors in which this could influence the outcome of your property settlement:
1. Future Needs and Financial Resources
The court will take into account the future needs of both parties. If your ex's new de-facto partner and your ex now cohabit, the court may determine that their costs are now less because they are shared, potentially impacting the final settlement. If your ex's new de-facto partner has substantial financial resources, it could be argued that your ex's financial needs are reduced, potentially impacting the final settlement. Conversely, if your ex has more financial obligations due to the new relationship, this may also be considered.
The court may also determine that the other party now has an increased ability to borrow funds in the future which may reduce what is required for their future needs.
3. Impact on Child Support and Custody
The presence of a new de-facto partner can affect child support and custody arrangements. If your ex's new partner is contributing to the household where the children live, this might influence child support calculations. Additionally, changes in living arrangements due to the new relationship can impact custody and visitation schedules.
4. Valuation of Assets
The valuation of assets is a crucial step in the property settlement process. If your ex's new de-facto partner has been contributing to the improvement or maintenance of jointly owned assets, such as the family home, this can affect the distribution of those assets.
Duty of Disclosure and Evidence
In property settlement matters, both parties have a duty of disclosure, meaning they must provide all relevant documents or information to each other. This means if you or your ex’s new partner is now contributing towards living expenses, this must be declared.
You can request financial documents or information related to their new partner. However, they can argue against providing these documents if:
- They are not relevant to any issue in the proceedings, or
- They are not in their possession or control.
This does not mean that you or they can move assets to a new partner, or give them away. The court could argue that the original party is still in ownership of these assets, or that they have been wasteful.
If a dispute arises regarding whether disclosure is necessary, the matter may ultimately need to be resolved by the Court. You can find out more about the duty of disclosure here.
If you believe your ex-partner might sell, transfer, give away, or has already disposed of property that you may be entitled to, it's crucial to act swiftly. You can safeguard your property by obtaining a court order (injunction) to prevent the sale of property or the spending of money.
Conclusion: My Ex Has a New De-Facto – How Does This Affect My Property Settlement?
When your ex enters into a new de-facto relationship, it typically should not directly affect your property settlement, however it can influence some aspects. Factors such as financial contributions, future needs, and child support arrangements will be considered during the settlement process. At Pullos Lawyers, we always advise seeking professional legal advice to navigate these complexities and ensure a fair outcome for your specific situations. We specialise in a number of complex and emotionally charged family law matters, including property settlements, spousal maintenance, child support, international family law, alternative dispute resolution and more, with a focus on helping you to feel supported, achieve clarity, and work towards a positive future. We invite you to contact Pullos Lawyers today at our Gold Coast office on 5526 3646, our Brisbane office on 3846 5012 or via our contact form on our website.