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Can anyone tell me how to start a defacto property settlement?

We separated in April 2006, well actually she took my 2yo daughter and absconded without any warning while I was at work. Since then she simply has denied living with me for the required 2 years.

The settlement would be small so I was reluctant to press in case this was construed as vindictive.

The family court trial reasons for judgement found that she did live with me for over 2 years. She has half a house and is owed a financial settlement from her previous 22-year marriage. She just left everything with the husband ready to go back. I provided everything for her but fortunately this is protected in other names.

Anyway she has used legal aid to bleed me dry in the custody proceedings. I think she has lied to obtain legal aid. A property settlement might force her disclose a true financial statement and cause grief to the former husband. He admitted putting her into a DV refuge and then testified against me using secret recordings.

Familiar to me

Well this one is very close to my situation.

My de facto ex picked up and left with my two daughters (aged 2 and 4 at the time) two years ago also. We halved the assets (actually she got more then half). She paid her half to a parents bank account. I took her to court to ensure access to my children. She applied for and received Legal Aid as did not declare the funds (in excess of $100,000) paid to her from the settlement. She threatens me at the time that if I took her to court for time with the children she would take me to court for my half of the assets saying she is entitled to 90% or more. OK well who cares about that, I want time with my kids so I start proceedings and quickly get proper time with the children including overnight time. (Wasn't pressing for 50-50 only want 3-4 nights per fortnight and I get it).

So having lost that, she now decides to retaliate and without any real warning commences proceedings to get money out of me. Have been trying to work out what she might be owed or could get. I can show she has got more then 50% of the assets already. Is she entitled to more? Is she entitled to my super? Is she entitled to maintenance? I've been paying in excess of $2,000 per month in child support for the past year until July when the changes (as well as the fact that I am getting some reasonable time with the kids) reduced it to $1450 per month.

I am defending her claim (for a ridiculous $120,000) saying it chould be dismissed with costs. My lawyer seems confident about my case. But who trusts lawyers and who knows how this thing will go?
srldad101 said
Can anyone tell me how to start a defacto property settlement?
SRL-R do not handle defacto property settlements because they are on a State by State Law basis (at the moment)

You will have to check on Victorian Law.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Hey Guys why are you publishing in public forums? You have written enough to identify both of you to your ex's.

You are both members of SRL-R 'to keep your material away from search engines and other prying eyes'.

If you want to keep writing in public forums then do so but on your heads be it.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Thanks for reply goodDad

It seems to be a tactic to get legal aid and screw dad by defacto so to speak. Legal aid seems to sanction this 3rd party abuse first by refusing to disclose whether the opposition has a grant on privacy grounds then refusing to disclose the outcome of any complaints. I submitted information that showed conclusively that the mother’s receipt of legal aid was fraudulent but they gave her an extension – after the FMC trial was strategically adjourned on the day to the family court with shocking escalation of costs. She then changed from shared parental responsibility to sole.

The opposition claim poor for sympathy and protection but won’t respond to negotiation, refuse to attend legal aid RDM and strategically prolong the case towards financial submission. I have to wonder what can be done about unscrupulous solicitors exploitation – they actually advertise for legal aid clients. Can an order/subpoena be obtained for disclosure of legal aid documents with fraud being referred to DPP?
At least legal aid can't be used on the defacto property issue. It's not allowed. I have no confidence that any investigation as to my ex's use of legal aid on the family law issue will result in anything of substance and I would never be advised about it anyway. Seems like there is no point challenging though do agree it should all be public knowledge because it's public funds. Stinks, really does.

Problem I have is my ex is a total twit. Can barely add up let alone work out what she is entitled to in a defacto property dispute. She would not be able to explain to a lawyer what the financial situation was during the relationship, and her lawyer would have even more difficulty trying to explain to her the situation legally back. (What you get out is only as good as what you put in so to speak and my ex talks irrational nonsense almost all the time). My lawyers are quite sure that she has no case at all with the exception (possibly) of some minor adjustment to account for superannuation. Superannuation adjustment is a little confusing for me.

Does anyone know how superannuation is treated in the eyes of the law in defacto property in NSW? Currently she has got half the property and more. If say my superannuation contributions over 3 years was $10,000 per year - how much of that is she entitled to?
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